Summers v. Feather

Filing 39

ORDER: The Court ADOPTS Magistrate Judge Sullivan's Findings & Recommendation 36 , and therefore, Petitioner's Petition 2 is allowed, his sentence is vacated, and this case is remanded to the United States District Court for the Western District of Washington for re-sentencing. See 2-page order attached. Signed on 8/5/2015 by Judge Marco A. Hernandez. (mr)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

DANIEL CLARK SUMMERS,
Petitioner,

v.

No. 3:14-cv-00390-SU

ORDER

MARION FEATHER,
Warden FCI Sheridan,
Respondent.

HERNÁNDEZ, District Judge:
Magistrate Judge Patricia Sullivan issued Findings & Recommendation [36] on July 14,
2015, recommending that Petitioner’s Petition [2] be allowed, that his sentence be vacated, and
that the case be remanded to the United States District Court of the Western District of
Washington for re-sentencing. Respondent has timely filed objections [38] to the Findings &
Recommendation. The matter is now before me pursuant to 28 U.S.C. § 636(b)(1) and Federal
Rule of Civil Procedure 72(b).

1 – ORDER

When a party objects to any portion of the Magistrate Judge's Findings &
Recommendation, the district court must make a de novo determination of that portion of the
Magistrate Judge's report. 28 U.S.C. § 636(b)(1); Dawson v. Marshall, 561 F.3d 930, 932 (9th
Cir. 2009); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc).
I have carefully considered Respondent’s objections and conclude there is no basis to
modify the Findings & Recommendation. I have also reviewed the pertinent portions of the
record de novo and find no other errors in the Magistrate Judge's Findings & Recommendation.
CONCLUSION
The Court ADOPTS Magistrate Judge Sullivan’s Findings & Recommendation [36], and
therefore, Petitioner’s Petition [2] is allowed, his sentence is vacated, and this case is remanded
to the United States District Court for the Western District of Washington for re-sentencing.
IT IS SO ORDERED.
DATED this _______ day of ____________________, 2015.

MARCO A. HERNÁNDEZ
United States District Judge

2 – ORDER