Montoya-Carrillo v. United States Of America

Filing 37

ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 33 Report and Recommendations, 1 DENYING MOTION to Vacate, Set Aside or Correct Sentence (2255) as to Criminal Case No. 1:15-1069 (Defendant No. 1). The issuance of a Certificate of Appealability is DENIED. (Signed by Judge Andrew S Hanen) Parties notified. (rnieto, 1)

United States District Court
Southern District of Texas

ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION
EUGENIO MONTOYA-CARRILLO,
Petitioner,

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V.
UNITED STATES OF AMERICA,
Respondent.

February 07, 2017
David J. Bradley, Clerk

CIVIL ACTION NO. B-16-167
CRIMINAL NO. B-15-1069-1

ORDER
On January 9, 2017, the United States Magistrate Judge filed a Report and Recommendation.
[Doc. No. 33]. Petitioner has objected to said Report and Recommendation. [Doc. No. 36].
Having considered de novo the Magistrate Judge’s Report and Recommendation and the
issues raised by Petitioner’s objections, the Court orders that the Magistrate Judge's Report and
Recommendation is hereby adopted. Therefore, Petitioner Eugenio Montoya-Carrillo’s Motion to
Vacate, Set Aside or Correct his Sentence pursuant to 28 U.S.C. § 2255 [Doc. No. 1] is denied, and
the issuance of a Certificate of Appealability is denied.
Signed this 7th day of February, 2017.

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Andrew S. Hanen
United States District Judge