Brooks v. Jones

Filing 6

MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATION. The FSA does not apply retroactively to defendants whose sentences were modified after the effective date of the FSA, but were originally sentenced before the effective date. Signed by Judge Marcia A. Crone on 6/13/16. (mrp, )

UNITED STATES DISTRICT COURT

DEDRIC LAMONT BROOKS,
Petitioner,
versus
WARDEN DALLAS B. JONES,
Respondent.

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 1:16-CV-82

MEMORANDUM ORDER OVERRULING PETITIONER’S OBJECTIONS AND
ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner Dedric Lamont Brooks, a prisoner confined at the Federal Correctional
Institution in Beaumont, Texas, proceeding pro se, filed this petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2241.
The court referred this matter to the Honorable Zack Hawthorn, 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 dismissing 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. Petitioner contends that the Fair Sentencing Act (FSA) of 2010
should be retroactively applied to decrease his mandatory minimum sentence from 10 years to 5

years of imprisonment. However, the FSA does not apply retroactively to defendants whose
sentences were modified after the effective date of the FSA, but were originally sentenced before the
effective date. United States v. Kelly, 716 F.3d 180, 181 (5th Cir. 2013).
ORDER
Accordingly, petitioner’s objections (#4) are OVERRULED. The findings of fact and
conclusions of law of the magistrate judge are correct, and the report of the magistrate judge (#3)
is ADOPTED. A final judgment will be entered in this case in accordance with the magistrate

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judge’s recommendation.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 13th day of June, 2016.

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MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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