Lerma-Cruz v. United States of America

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) as to Criminal Case No. 1:13-CR-357 (Defendant No. 001), 6 Report and Recommendations. The issuance of a Certificate of Appealability is denied.(Signed by Judge Andrew S Hanen) Parties notified.(jtabares, 1)

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United States District Court Southern District of Texas IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS BROWNSVILLE DIVISION OZIEL LERMA-CRUZ, Petitioner, § § § § § § § V. UNITED STATES OF AMERICA, Respondent. ENTERED August 17, 2017 David J. Bradley, Clerk CIVIL NO. B-17-053 (CRIMINAL NO. B-13-357-1) ORDER On June 8, 2017, the United States Magistrate Judge filed a Report and Recommendation [Doc. No. 6]. Petitioner has objected [Doc. No. 9] to said Report and Recommendation. Having considered de novo the Magistrate Judge’s Report and Recommendation and the issues raised by Petitioner’s objections, it is the opinion of the Court that the Magistrate Judge's Report and Recommendation is hereby adopted. Therefore, Petitioner Oziel Lerma-Cruz’s Motion to Vacate, Set Aside or Correct his Sentence, pursuant to 28 U.S.C. § 2255 [Doc. No. 1] is denied as meritless, and the issuance of a Certificate of Appealability is denied. Signed this 16th day of August, 2017. _________________________________ Andrew S. Hanen United States District Judge

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