U.S. v. MORALES

Civil Action No. H-15-0290, Criminal Action No. H-11-783.

UNITED STATES OF AMERICA, Plaintiff-Respondent, v. FRANCISCO MORALES, Defendant-Movant.

United States District Court, S.D. Texas, Houston Division.

Editors Note
Applicable Law: 28 U.S.C. § 2255
Cause: 28 U.S.C. § 2255 Motion to Vacate / Correct Illegal Sentence
Nature of Suit: 510 Prisoner: Vacate Sentence
Source: PACER


Attorney(s) appearing for the Case

Francisco Morales, Petitioner, Pro Se.

USA, Respondent, represented by James L. Turner , US Attorneys Office.


ORDER ADOPTING MEMORANDUM AND RECOMMENDATION

EWING WERLEIN, Jr., District Judge.

Pending is Movant/Defendant Francisco Morales's § 2255 Motion to Vacate, set Aside or Correct Sentence (Document No. 245). The Court has received from the Magistrate Judge a Memorandum and Recommendation recommending that § 2255 Movant Morales be afforded an evidentiary hearing on his claim that counsel was ineffective for failing to move for and secure dismissal of the charges based on a pre-indictment proffer agreement. No objections have been filed to the Memorandum and Recommendation.

The Court, after having conducted a de novo review of the claims and the evidence currently in the record, is of the opinion that the findings and recommendations of the Magistrate Judge are correct and should be and hereby are accepted by the Court. Accordingly, it is

ORDERED, for the reasons set forth in the Memorandum and Recommendation of the Magistrate Judge signed on February 14, 2017, and entered on February 15, 2017, that § 2255 Movant Francisco Morales shall be afforded an evidentiary hearing on his claim that counsel was ineffective for failing to move for and secure dismissal of the charges based on a pre-indictment proffer agreement. It is further

ORDERED that the case is REFERRED to the Magistrate Judge to appoint counsel for Movant, schedule and conduct an evidentiary hearing, and make recommendations as to the merits of Morales's claims.

The Clerk will enter this Order and send copies to all parties of record.


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