Mays v. USA

Filing 6

ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that the motion to vacate, set aside or correct sentence be granted and movant be re-sentenced. Signed by Judge Marcia A. Crone on 10/12/16. (mrp, )

UNITED STATES DISTRICT COURT

DAVID GLENN MAYS,
Movant,
versus
UNITED STATES OF AMERICA,
Respondent.

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 1:16-CV-230

MEMORANDUM ORDER ADOPTING THE
MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner, David Glenn Mays, represented by counsel, filed this motion to vacate, set
aside, or correct sentence pursuant to 28 U.S.C. § 2255 based on the recent Supreme Court
opinion of Johnson v. United States, 135 S.Ct. 2551 (2015).
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 recommends the motion to vacate, set aside, or correct sentence be granted
and movant be re-sentenced.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such referral, along with the record, and pleadings. No
objections to the Report and Recommendation have been filed to date.

ORDER
Accordingly, 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 recommendations.
.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 12th day of October, 2016.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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