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

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 Before the court is the defendant's Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. Section 2255 (doc. #111 in CR03-1029) and the government's Response (doc. #120). No reply was filed. On January 27, 2006, United States Magistrate Judge Glenda E. Edmonds issued a Report and Recommendation ("R & R") (doc. #124) recommending that the defendant's Motion to Vacate, Set Aside or Correct Sentence be denied. No objections to the R & R were filed. The court has reviewed the R & R and agrees with the magistrate judge's determinations. Accordingly, the court will accept the R & R and deny the Motion to Vacate, Set Aside or Correct Sentence. See 28 U.S.C. § 636(b)(1) (stating that the district court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge"). IT IS THEREFORE ORDERED accepting the Report and Recommendation of Magistrate Judge Edmonds (doc. #124).
Case 2:03-cr-01029-NVW Document 125 Filed 02/24/2006 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

United States of America, Plaintiff/Respondent, vs. Marcos Vazquez-Palacios, Defendant/Movant.

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No. CR 03-1029-2 PHX NVW No. CV 05-1828 PHX NVW (GEE) ORDER

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IT IS FURTHER ORDERED that defendant's Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. Section 2255 (doc. #111) is denied. IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment accordingly and terminate this action. DATED this 22nd day of February 2006.

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