Shadden v. USA

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AND GRANTING 2255 MOTION for 5 Report and Recommendation. ORDERED that the motion to vacate, set aside or correct Movant Chris Dale Shadden's sentence pursuant to 28 U.S.C. § 2255 is GRANTED to the extent that the sentence imposed in Criminal Number 4:99CR00053-001 is VACATED and Movant shall be resentenced. All motions by either party not previously ruled on are hereby DENIED. Signed by Judge Richard A. Schell on 11/10/2016. (kls, )

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

CHRIS DALE SHADDEN, #07614-078

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VS.

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UNITED STATES OF AMERICA

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CIVIL ACTION NO. 4:16cv401
CRIM. NO. 4:99CR00053-001

ORDER ADOPTING REPORT AND RECOMMENDATION
AND GRANTING § 2255 MOTION
The above-entitled and numbered civil action was heretofore referred to United States
Magistrate Judge Don D. Bush. 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 same as the
findings and conclusions of the court. It is therefore
ORDERED that the motion to vacate, set aside or correct Movant Chris Dale Shadden’s
sentence pursuant to 28 U.S.C. § 2255 is GRANTED to the extent that the sentence imposed in
Criminal Number 4:99CR00053-001 is VACATED and Movant shall be resentenced. All motions
by either party not previously ruled on are hereby DENIED.
.

SIGNED this the 10th day of November, 2016.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE