Kniebes-Larsen v. United States of America

Filing 7

ORDER adopting Report and Recommendation [ECF No. 5 ]. This matter is DISMISSED WITHOUT PREJUDICE. (Written Opinion) Signed by Judge Joan N. Ericksen on 11/28/2018. (CBC)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Brandi Kniebes-Larsen,
Petitioner,
v.

Case No. 18-cv-1261 (JNE/BRT)
ORDER

United States of America,
Respondent.
In a Report and Recommendation (“R&R”) dated October 2, 2018, the Honorable
Becky R. Thorson, United States Magistrate Judge, recommended that the Court dismiss
Kniebes-Larsen’s petition because the Court lacks jurisdiction. ECF No. 5. Petitioner
objected. ECF No. 6. In addition to repeating arguments addressed by Judge Thorson,
Petitioner argues that the district court erred in sentencing because a jury must find the
drug quantity attributable to the defendant on an individualized basis, not just the drug
quantity attributable to the conspiracy as a whole. Id. However, the Court lacks
jurisdiction over this objection for the reasons explained by Judge Thorson in the R&R.
Based on a de novo review of the record, the Court adopts the R&R in its entirety. See
28 U.S.C. § 636(b)(1); D. Minn. LR 72.2. Therefore, IT IS ORDERED THAT:
1. This matter be DISMISSED WITHOUT PREJUDICE.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: November 28, 2018
s/ Joan N. Ericksen
JOAN N. ERICKSEN
United States District Judge