Baker v. United States of America

Filing 7

ORDER ADOPTING re 4 Report and Recommendations denying Baker's 2255 petition. Signed by Judge William T. Moore, Jr on 8/11/2014. (loh)

IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION

MAURICE BAKER,

m
(J

Petitioner,
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CASE NOS. CV414
CR413

V.

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-

N)

UNITED STATES OF AMERICA,
Respondent.

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ORDER

Before the Court is the Magistrate Judge's Report and
Recommendation (Doc. 4), to which objections have been
filed (Doc. 6). After a careful de novo review of the
record, the Court concludes that Petitioner's objections
are without merit. Accordingly, the report
recommendation is ADOPTED as

and

the Court's opinion in this

case. As a result, Petitioner's 28 U.S.C. § 2255 Petition
is DENIED. The Clerk of Court is DIRECTED to close this
case.
In his objections, Petitioner continues to argue that
the four-level enhancement for possessing a firearm in
connection with another felony offense is inapplicable
because the State of Georgia declined to prosecute him for
that offense. (Doc. 6 at 2-3.) According to Petitioner,
he discharged the firearm only in self-defense, not in the

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commission of aggravated assault.

(Id.)

Petitioner's

objections are without merit for two reasons. First, the
enhancement applies "regardless of whether a criminal
charge was brought, or a conviction obtained." U.S.
Sentencing Guidelines Manual § 2K2.1 cmt. n.14(C) (2013).
Second, Petitioner failed to object to the Presentence
Investigation Report's characterization of the
circumstances surrounding his use of the firearm, which can
reasonably support a conclusion that Petitioner used the
firearm in connection with the commission of aggravated
assault. See United States v. Woodard, 395 F. App'x 641,
642 (11th Cir. 2010)
SO ORDERED this / day of August 2014.

WILLIAM T. MOORE, JJV
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

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