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United States v. Bryant

United States District Court, Sixth Circuit

June 3, 2013

United States of America, Plaintiff,
v.
ANTWAN LAMONT BRYANT, Defendant. Civil Action No. 5:12-7253-KSF.

ORDER

KARL S. FORESTER, Senior District Judge.

This matter is before the Court on Defendant, Antwan Lamont Bryant's, construed motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. §2255 [DE 114].[1] This motion was referred to the Magistrate Judge who, on March 25, 2013, issued her Report and Recommendation [DE #121], recommending that Defendant's motion be granted. Specifically, the Magistrate Judge determined that, in light of Dorsey v. United States, 132 S.Ct. 2321, 2329 (2012), Defendant is entitled to be resentenced under the Fair Sentencing Act of 2010.

No objections were filed to the Magistrate Judge's Report and Recommendation, and the time for filing same has passed. Although this Court must make a de novo determination of those portions of the Magistrate Judge's recommendations to which objection is made, 28 U.S.C. § 636(b)(1)(c), "[i]t does not appear that Congress intended to require district court review of a magistrate's factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings." Thomas v. Arn, 474 U.S. 140, 150 (1985). Moreover, a party who fails to file objections to a Magistrate Judge's Report and Recommendation waives the right to appeal. See Wright v. Holbrook, 794 F.2d 1152, 1154-55 (6th Cir. 1986). Nevertheless, having examined the record and having made a de novo determination, the Court is in agreement with the Magistrate Judge's Report and Recommendation.

For the foregoing reasons, and the Court being fully and sufficiently advised, it is HEREBY ORDERED as follows:

1. The Magistrate Judge's Report and Recommendation [DE #121] is ADOPTED and INCORPORATED by reference as and for the Opinion of the Court;
2. Defendant's construed motion to vacate, set aside, or correct a sentence pursuant to 28 U.S.C. §2255 is GRANTED;
3. This matter is SET for re-sentencing on Tuesday, July 30. 2013. at 9:00 a.m., in Courtroom D of the United States Courthouse, Lexington, Kentucky.
4. The Bureau of Prisons is directed to relinquish custody of inmate Antwan Lamont Bryant to the United States Marshal Service for the Eastern District of Kentucky for purposes of producing the said defendant for re-sentencing in the United States District Court at Lexington, Kentucky, as set out above.

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