Guadarrama-Melo v. United States of America

Filing 20

MEMORANDUM ORDER overruling petitioner's objections and adopting the Magistrate Judge's 18 Report and Recommendation. Signed by Judge Thad Heartfield on 6/14/2011. (bjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
HERNALDO GUADARRAMA-MELO

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VS.

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UNITED STATES OF AMERICA

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CIVIL ACTION NO. 1:08-CV-588

MEMORANDUM ORDER OVERRULING PETITIONER’S OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner Hernaldo Guadarrama-Melo, proceeding through counsel, brought this petition for
writ of coram nobis pursuant to 28 U.S.C. § 1651.
The court ordered that this matter be referred to the Honorable Earl S. Hines, United States
Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of
this court. The magistrate judge has submitted a Report and Recommendation of United States
Magistrate Judge. The magistrate judge recommends denying the petition.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge, along with the record, pleadings, and all available evidence. Petitioner filed
objections to the magistrate judge’s Report and Recommendation.
The court has conducted a de novo review of the objections in relation to the pleadings and
the applicable law. See FED . R. CIV . P. 72(b). After careful consideration, the court concludes the
objections are without merit. The court approves and adopts the magistrate judge’s credibility
determinations because they were based on objective criteria. The court finds that counsel advised
petitioner of the immigration consequences of his guilty plea. Thus, counsel did not perform
deficiently.

ORDER
Accordingly, petitioner’s objections are OVERRULED.

The findings of fact and

conclusions of law of the magistrate judge are correct, and the report of the magistrate judge is
ADOPTED. A final judgment will be entered in this case in accordance with the magistrate judge’s
recommendation.
SIGNED this the 14 day of June, 2011.

____________________________
Thad Heartfield
United States District Judge

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