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13-1147 - Scribner II v. USA


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13-1147 - Scribner II v. USA
July 2, 2014
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Findings, Conclusions, and Recommendation: Movant's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody should be GRANTED as to his first ground for relief and DENIED with prejudice as to his second ground, and the judgment in Cause No. 3:10-CR-0233-O (1) should be VACATED. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 7/2/2014) (mcrd)
August 28, 2014
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ORDER: For the foregoing reasons, the Court declines to adopt the 16 Magistrate Judges findings and conclusion that Petitioner carried his burden of showing he was prejudiced by counsel's failure to properly advise him that he faced sentencing as a career offender. The Court accepts the Magistrate Judge's findings, conclusions, and recommendations in all other parts, and adopts them as those of the Court. Accordingly, the § 2255 motion is DENIED. (Ordered by Judge Reed C O'Connor on 8/28/2014) (tln)
July 31, 2017
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Order : For the foregoing reasons, the Court declines to adopt the Magistrate Judges findings and conclusions that Petitioner carried his burden of showing he was prejudiced by counsel's failure to properly advise him that he faced sentencing as a career offender. The Court accepts the Magistrate Judge's findings, conclusions, and recommendations in all other parts, and adopts them as those of the Court. Accordingly, Petitioner's § 2255 motion is hereby DENIED. (Ordered by Judge Reed C. O'Connor on 7/31/2017) (ndt)