Anderson v. USA

Filing 10

ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 9 Report and Recommendation. ORDERED that the motion to vacate, set aside or correct sentence is GRANTED to the extent that Movant be re-sentenced on one count, with the remaining count dismissed. It is also ORDERED that all motions by either party not previously ruled on are hereby DENIED. Signed by Judge Michael H. Schneider on 1/24/2012. (kls, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

LIONEL ANDERSON, #14399-078

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VS.

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UNITED STATES OF AMERICA

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CIVIL ACTION NO. 4:10cv71
CRIMINAL ACTION NO. 4:07cr82(1)

ORDER OF DISMISSAL
The above-entitled and numbered civil action was heretofore referred to United States
Magistrate Amos L. Mazzant. The Report and Recommendation of the Magistrate Judge, which
contains proposed findings of fact and recommendations for the disposition of such action, has been
presented for consideration, and no objections thereto having been timely filed, the Court is of the
opinion that the findings and conclusions of the Magistrate Judge are correct, and adopts the same
as the findings and conclusions of the Court. Movant is entitled to relief by the trial court dismissing
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one count and re-sentencing on the remaining count (the two counts are (1) being a felon in
possession of a firearm and (2) being a felon in possession of ammunition). It is therefore
ORDERED that the motion to vacate, set aside or correct sentence is GRANTED to the
extent that Movant be re-sentenced on one count, with the remaining count dismissed. It is also
ORDERED that all motions by either party not previously ruled on are hereby DENIED.

SIGNED this 24th day of January, 2012.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE