Cox v. USA

Filing 7

MEMORANDUM ORDER ADOPTING THE UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION for 6 Report and Recommendation. ORDERED that Movant's Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (Dkt. #1) pursuant to 28 U.S.C. § 2255 is GRANTED to the extent that the sentence imposed in Criminal Action Number 4:06cr84(1) is VACATED, and Movant shall be resentenced. All motions by either party not previously ruled upon are 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

RICKY RYAN COX, #13228-078
VS.
UNITED STATES OF AMERICA

§
§
§
§
§

CIVIL ACTION NO. 4:16cv419
CRIMINAL ACTION NO. 4:06cr84(1)

MEMORANDUM ORDER ADOPTING THE
UNITED STATES MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
The above-entitled and numbered civil action was referred to United States Magistrate Judge
Kimberly C. Priest Johnson, who issued a Report and Recommendation concluding that Movant
should be resentenced according to Johnson v. United States, — U.S. —, 135 S. Ct. 2551 (2015).
The Report and Recommendation, which contains proposed findings of fact and recommendations
for the disposition of such action, has been presented for consideration, and no objections having
been timely filed, the court concludes that the findings and conclusions of the Magistrate Judge are
correct, and adopts same as the findings and conclusions of the court. It is accordingly
ORDERED that Movant’s Motion to Vacate, Set Aside, or Correct Sentence by a Person in
Federal Custody (Dkt. #1) pursuant to 28 U.S.C. § 2255 is GRANTED to the extent that the
sentence imposed in Criminal Action Number 4:06cr84(1) is VACATED, and Movant shall be
resentenced. All motions by either party not previously ruled upon are DENIED.

.

SIGNED this the 10th day of November, 2016.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE