Ruiz-Rojas v. USA

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATION AND GRANTING 2255 MOTION for 6 Report and Recommendations. It is therefore ORDERED that Movant Alejandro Ruiz-Rojas' Motion to Vacate, Set Aside or Correct a Sentence pursuant to 28 U.S.C. § 2255 is GRANTED, that the sentence imposed in Criminal Number 4:17CR00143-001 is VACATED, and that Movant shall be resentenced. All other motions by either party not previously ruled on are hereby DENIED. Signed by District Judge Amos L. Mazzant, III on 2/21/2019. (daj, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
ALEJANDRO RUIZ-ROJAS, #60999-379
VS.
UNITED STATES OF AMERICA

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CIVIL ACTION NO. 4:18cv257
CRIMINAL NO. 4:17CR00143-001

ORDER ADOPTING REPORT AND RECOMMENDATION
AND GRANTING § 2255 MOTION
The above-entitled and numbered civil action was heretofore referred to United States
Magistrate Judge Kimberly C. Priest Johnson. 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.
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It is therefore ORDERED that Movant Alejandro Ruiz-Rojas’ Motion to Vacate, Set Aside
or Correct a Sentence pursuant to 28 U.S.C. § 2255 is GRANTED, that the sentence imposed in
Criminal Number 4:17CR00143-001 is VACATED, and that Movant shall be resentenced. All other
motions by either party not previously ruled on are hereby DENIED.
SIGNED this 21st day of February, 2019.

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AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE