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)

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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, § § § § § § § 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. ________________________________ Andrew S. Hanen United States District Judge

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