Green v. United States of America
Filing
14
ORDER granting in part and denying in part 10 Report and Recommendations. This matter is REFERRED back to the Magistrate Judge with instructions to appoint counsel for Petitioner and conduct an Evidentiary Hearing regarding whether Petitioner's two robbery by intimidation convictions occurred at the same time. Signed by Judge William T. Moore, Jr on 6/22/17. (loh)
^
FILED
u.s.DisTi.icTcoura
SAVANNAH Dl\^
IN THE UNITED STATES DISTRICT COl
2^- PH 3: 55
THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
u:. h."I
JERRY ORENTHAL GREEN,
Petitioner,
CASE NOS. CV416-153
CR405-139
V.
UNITED STATES OF AMERICA,
Respondent.
ORDER
Before
the
Court
is
the
Magistrate
Judge's
Report
and
Recommendation (Doc. 10), to which objections have been filed.
After a careful de novo review of the record, the Court does not
concur with the entire report and recommendation. Accordingly,
the report and recommendation is ADOPTED IN PART and REJECTED IN
PART.
The
opinion
Court
in
adopts the
this
case
with
Report and
the
Recommendation as its
exception
of
the
Magistrate
Judge's conclusion that Petitioner's two Georgia convictions for
robbery
under
by intimidation
the
REFERRED
appoint
hearing
Armed
back
Career
to
counsel
the
for
regarding
intimidation
count
as separate
Criminal
Magistrate
Petitioner
whether
convictions
Act
(^'ACCA").
Judge
and
with
conduct
Petitioner's
occurred
at
predicate
the
This
matter
is
instructions
to
an
two
same
offenses
evidentiary
robbery
time.
The
by
Court
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