Adams v. USA

Filing 17

ORDER adopting Report and Recommendations re 14 Report and Recommendations.; finding as moot 16 and construing Motion for Leave to Appeal as a notice of appeal; granting 16 Motion to Appoint Counsel. Petitioner's sentence in the underlying criminal case, 3:05-cr-24 is vacated and an identical sentence is reimposed.. Signed by Chief Judge William T. Moore on 11/16/09. (wwp)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF DUBLIN DIVISION MICHAEL TYRONE ADAMS, Petitioner,

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CASE NOS. CV309-001 CR305- 024 UNITED STATES OF AMERICA, Respondent.

0 RID ER Before the Court is the Magistrate Judge's Report and Recommendation (Doc. 10), to which no objections have been filed. After a careful review of the record in this case, the Court concurs with the Magistrate Judge's Report and Recommendation. Therefore, the Court ADOPTS the Report and Recommendation as its Opinion in this case. Petitioner's sentence in the underlying criminal case, 3:05-cr-024, is VACATED and an identical sentence is REIMPOSED. The Clerk of Court is DIRECTED to construe Petitioner's Motion for Leave to Appeal (CV309-001, Doc. 16; CR305-024, Doc. 181) as a Notice of Appeal of his reimposed sentence. Pursuant to Federal Rule of Appellate Procedure 4(b) (2), the Notice of Appeal is deemed filed after entry of and on the same date as the reimposed sentence. Appoint Counsel is GRANTED. Petitioner's Motion to

(CV309-001, Doc. 16; CR305-

024, Doc. 181.) Mr. 0. Hale Almand, Jr. shall continue to represent Petitioner during the appeal of Petitioner's sentence. The Clerk of Court is DIRECTED to CLOSE THIS CASE. SO ORDERED this of November, 2009.

WILLIAM T. MOORE, JR., C JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA

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