Free Order on Motion to Vacate (2255) - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 Roman Alberto Gonzalez, 13 vs. United States of America,

NOT FOR PUBLICATION

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Plaintiff-Respondent

Defendant-Movant 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Case 2:04-cr-00890-SRB Document 48

) ) ) ) ) ) ) ) ) ) ) )

No. CR04-0890-PHX-SRB CV05-2349-PHX-SRB ORDER

Defendant, Roman Alberto Gonzalez, filed a Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255 on November 28, 2005. The United States filed its response in opposition on March 24, 2006 and a Supplemental Filing Regarding Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C. § 2255 on August 31, 2006. Defendant did not file a reply. The Magistrate Judge filed his Report and Recommendation on September 28, 2006 recommending that Defendant's Motion to Vacate, Set Aside, or Correct Sentence be denied. In his Report and Recommendation the Magistrate Judge advised the parties that they had 10 days from the date of service of a copy of the Report and Recommendation within which to file specific written objections with the Court. The time to file such objections has long since expired and no objections to the Report and Recommendation have been filed.

Filed 11/15/2006

Page 1 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

The Court finds itself in agreement with the Report and Recommendation of the Magistrate Judge. IT IS ORDERED adopting the Report and Recommendation of the Magistrate Judge as the order of this Court. IT IS FURTHER ORDERED that Defendant's Motion to Vacate, Set Aside, or Correct Sentence is denied. (Doc. 37).

DATED this 14th day of November, 2006.

-2Case 2:04-cr-00890-SRB Document 48 Filed 11/15/2006 Page 2 of 2