Maldonado-Gonzalez v. USA

Filing 9

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION for 7 Report and Recommendations. ORDERED that Movant Julio Cesar Maldonado-Gonzalez's Motion to Vacate, Set Aside or Correct 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 Number 4:12CR00252-006 is VACATED, and Movant shall be resentenced. It is further ORDERED that the United States Probation Office shall p repare a new Presentence Investigation Report reflecting Movant's objection to the previous Presentence Investigation Report and the correct calculation. ORDERED that all other motions by either party not previously ruled on are DENIED. Signed by District Judge Marcia A. Crone on 11/15/2018. (daj, )

UNITED STATES DISTRICT COURT

JULIO CESAR MALDONADO-GONZALEZ §
§
versus
§
§
UNITED STATES OF AMERICA
§

EASTERN DISTRICT OF TEXAS

CIVIL ACTION NO. 4:17-CV-287
CRIMINAL ACTION NO. 4:12CR00252-006

MEMORANDUM ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
The above-entitled and numbered civil action was referred to United States Magistrate
Judge Christine A. Nowak, who issued a Report and Recommendation concluding that Movant
Julio Cesar Maldonado-Gonzalez’s Motion to Vacate, Set Aside or Correct Sentence by a Person
in Federal Custody (#1) pursuant to 28 U.S.C. § 2255 should be granted. 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 Julio Cesar Maldonado-Gonzalez’s Motion to
Vacate, Set Aside or Correct 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 Number 4:12CR00252006 is VACATED, and Movant shall be resentenced.
It is further ORDERED that the United States Probation Office shall prepare a new
Presentence Investigation Report reflecting Movant’s objection to the previous Presentence
Investigation Report and the correct calculation.

It is finally ORDERED that all other motions by either party not previously ruled on are
DENIED.
.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 15th day of November, 2018.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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