United States District Court, E.D. Kentucky, Central Division, Lexington
November 4, 2014
UNITED STATES OF AMERICA, Plaintiff,
AGUSTIN GUEVARA-BARCENAS, Defendant.
KAREN K. CALDWELL, Chief District Judge.
This matter is before the Court on Defendant Agustin Guevara-Barcenas's motion to vacate, set aside, or correct a sentence under 28 U.S.C. § 2255. (DE 35). Consistent with local practice, this matter was referred to the United States Magistrate Judge for consideration.
The Magistrate Judge filed a Report and Recommendation on August 29, 2014 (DE 51), which was submitted to this Court on September 24, 2014. Based on a review of the record and the applicable case law, the Magistrate Judge recommended that defendant's motion to vacate, set aside, or correct his sentence be denied. The Magistrate Judge further advised the parties that they had fourteen days in which to file objections to the recommendation.
While this Court would exercise de novo review of the portions of the Report and Recommendation to which objections are made, see 28 U.S.C. § 636(b)(1)(C), Guevara-Barcenas did not file any objections. The Court has reviewed the Report and Recommendation and agrees with its analysis. Therefore, the Court adopts the Magistrate Judge's proposed findings of fact and conclusions of law.
Accordingly, IT IS ORDERED that:
1. The Magistrate Judge's Report and Recommendation (DE 512) is ADOPTED as and for the opinion of the Court;
2. The defendant's motion to vacate, set aside, or correct a sentence under 28 U.S.C. § 2255 (DE 35) is DENIED; and
3. Judgment shall be entered contemporaneously with this Order.