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)

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^ 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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