United States v. Patrick

Mark E. Walker United States District Judge

ORDER ACCEPTING REPORT AND RECOMMENDATION

This Court has considered, without hearing, the Magistrate Judge's Report and Recommendation, ECF No. 128, and has also reviewed de novo Plaintiff's objections to the report and recommendation, ECF No. 129. Accordingly,

IT IS ORDERED:

The report and recommendation is accepted and adopted, over Defendant's objections, as this Court's opinion. Petitioner's Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custod, as amended, ECF No. 103, is DENIED except as to Ground Three of the petition. The § 2255 petition is GRANTED as to Petitioner's claim that counsel was constitutionally ineffective for failure to challenge the denial of the right of allocution. This Court shall appoint counsel for Defendant/Petitioner by separate order and the Clerk shall set this case for resentencing. This Court will enter judgment after resentencing Defendant thereby triggering the time for appeal.

SO ORDERED on August 1, 2017.

s/ Mark E. Walker

United States District Judge