Taylor v. USA

Filing 7

MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE, for 5 Report and Recommendation. ORDERED that Movant Richard Keith Taylor's Motion to Vacate, Set Aside or Correct a Sentence by a Person in Federa l Custody (#1) pursuant to 28 U.S.C. § 2255 is GRANTED tot he extent that the sentence imposed in Criminal Action Number 4:08CR0001 6-001 is VACATED, and Movant shall be resentenced. All other motions not previously ruled on are DENIED. Signed by Judge Marcia A. Crone on 9/19/2016. (kls, )

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS RICHARD KEITH TAYLOR, #15234-078 versus UNITED STATES OF AMERICA § § § § § CIVIL ACTION NO. 4:16-CV-430 CRIMINAL ACTION NO. 4:08CR00016-001 MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION The above-entitled and numbered civil action was referred to United States Magistrate Judge Don D. Bush, who issued a Report and Recommendation concluding that Movant Richard Keith Taylor should be resentenced, in accordance with Johnson v. United States, 135 S. Ct. 2551 (2015). 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 accordingly ORDERED that Movant Richard Keith Taylor’s Motion to Vacate, Set Aside or Correct a Sentence by a Person in Federal Custody (#1) pursuant to 28 U.S.C. § 2255 is GRANTED to the extent that the sentence imposed in Criminal Action Number 4:08CR00016-001 is VACATED, and Movant shall be resentenced. All other motions not previously ruled on are DENIED. . SIGNED at Beaumont, Texas, this 7th day of September, 2004. SIGNED at Beaumont, Texas, this 19th day of September, 2016. ________________________________________ MARCIA A. CRONE UNITED STATES DISTRICT JUDGE

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