Silva v. United States Of America

Filing 17

ORDER adopting re 13 Report and Recommendations. The probation office is to prepare instanter a new judgment and commitment order identical in all respects to the original except the date. The attorney that represented movant during the 2255 evidentiary hearing shall continue to represent movant on appeal. The Clerk shall file a notice of appeal on movant's behalf immediately upon the entry of the reimposed judgment. Signed by Judge Dudley H. Bowen on 12/19/11. (cmr)

ORIGINAL

FILED
U.S. DSTRCT COUR
AUT DIV.
201 DEC I A 0 3

SOUTHERN DISTRICT OF GEORGIA

CL ER

Su.

SAVANNAH DIVISION
JOHN ROSS SILVA

)
)
)
)
UNITED STATES OF AMERICA )

V.

Case No. CV411-008
CR409-i 10

ORDER
After a careful de novo review of the record in this case, the Court
concurs with the Magistrate Judge's Report and Recommendation, to
which no objections have been filed. Accordingly, the Report and
Recommendation of the Magistrate Judge is adopted as the opinion of the
Court.
Movant may pursue an out-of-time direct appeal, as governed by the
procedures set forth in United States v. Phillips, 225 F.3d 1198, 1201
(11th Cir. 2000). Pursuant to Phillips, the Court hereby re-imposes the
same sentence set forth in the original judgment in United States u. Silva,
No. CR409-110. The probation office is DIRECTED to prepare
instanter a new judgment and commitment order identical in all respects
to the Original judgment and commitment order except for the date of the

_PS

T. OF CA.

imposition of the judgment. As it is clear that movant desires to take an
appeal, the Court DIRECTS the Clerk to file a notice of appeal on
movanVs behalf immediately upon the entry of the reimposed judgment
and commitment order.'

Movant is entitled to the assistance of counsel on direct appeal. As
movant appears to be indigent, the Court DIRECTS that the attorney
appointed to represent movant during the § 2255 evidentiary hearing
shall continue to represent movant on appeal

SO ORDERED this /of

SOUTHERN DISTRICT OF GEORGIA

'Pursuant to Phillips, movant is advised that he has the right to appeal the
re-imposed conviction and sentence, that he is entitled to representation by counsel
on appeal, and that the notice of appeal must be filed within 14 clays of the entry of
the re-imposed judgment. 225 F.3d at 1201.