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)

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,

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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.

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Andrew S. Hanen
United States District Judge