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


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Date: August 4, 2005
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State: Arizona
Category: District Court of Arizona
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1 2 3 4 5 6 7 8 9 10 11 12 Raul Cortez-Hernandez, 13 Defendant/Movant. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On November 29, 2004, Movant, Raul Cortez-Hernandez, filed a Motion to Vacate, Set Aside, or Correct Sentence by Person in Federal Custody pursuant to 28 U.S.C. § 2255. Respondent filed its response on March 18, 2005. No reply was filed. Movant claims that his plea was not entered knowingly and voluntarily. The Magistrate Judge filed his Report and Recommendation on June 28, 2005, recommending that Movant's Motion to Vacate, Set Aside, or Correct Sentence by Person in Federal Custody pursuant to 28 U.S.C. § 2255 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. The Court finds itself in agreement with the Report and Recommendation of the Magistrate Judge.
Case 2:04-cr-00704-SRB Document 36 Filed 08/05/2005 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

United States of America, Plaintiff/Respondent, vs.

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No. CR04-0704-PHX-SRB CV04­2440-PHX-SRB ORDER

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IT IS ORDERED adopting the Report and Recommendation of the Magistrate Judge as the order of this Court. IT IS FURTHER ORDERED that Movant's Motion to Vacate, Set Aside, or Correct Sentence, filed December 3, 2004 (Doc. 22) be stricken as duplicative of his motion filed November 29, 2004 (Doc. 21). IT IS FURTHER ORDERED that the Movant's Motion to Vacate, Set Aside, or Correct Sentence by Person in Federal Custody pursuant to 28 U.S.C. § 2255 is denied. (Doc. 21).

DATED this 4th day of August, 2005.

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