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