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18-780 - Samuels v. USA


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18-780 - Samuels v. USA
March 8, 2018
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FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Magistrate Judge recommends that Defendant's motions to vacate or correct under Fed. R. Crim. P. 35 (ECF Nos. 12, 13) be construed as petitions to vacate, correct, or set aside sentence pursuant to 28 U.S.C. ยง 2255 and that those petitions be TRANSFERRED to the United States Court of Appeals for the Fifth Circuit pursuant to In re Epps, 127 F.3d 364, 365 (5th Cir. 1997). The Magistrate Judge further recommends that Defendant's motion (ECF No. 9) for the Court to request that the United States Attorney consider exercising her discretion to agree to an order vacating one of Defendant's convictions be DENIED. Originally filed in 3:92-CR-319-G-1 as document #15. (Ordered by Magistrate Judge Rebecca Rutherford on 3/8/2018) (zkc)
March 29, 2018
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Order Accepting 15 Findings, Conclusions, and Recommendation of the United States Magistrate Judge. Originally filed in 3:92-CR-319-G-1 as document #16. (Ordered by Senior Judge A. Joe Fish on 3/29/2018) (zkc)
March 29, 2018
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JUDGMENT: That the successive habeas petition is TRANSFERRED to the United States Court of Appeals for the Fifth Circuit. All pending motions are DENIED. Originally filed in 3:92-CR-319-G-1 as document #17. (Ordered by Senior Judge A. Joe Fish on 3/29/2018) (zkc)