KEES v. U.S.

Criminal Action No. 1:13-CR-459-3-ODE-AJB, Civil Action No. 1:15-CV-2517-ODE-AJB.


United States District Court, N.D. Georgia, Atlanta Division.

Attorney(s) appearing for the Case

USA, Plaintiff, represented by Stephen H. McClain , U.S. Attorneys Office.


ORINDA D. EVANS, District Judge.

This pro se civil case is before the Court on the Final Report and Recommendation of United States Magistrate Judge Alan J. Baverman filed March 7, 2017 [Doc. 91] ("R&R"). No objections have been filed.

In the R&R, Judge Baverman recommends that Movant's § 2255 motion be denied, a certificate of appealability be denied, and civil action number 1:15-cv-2517-0DE-AJB be dismissed. Specifically, Judge Baverman found that Movant's grounds for relief are procedurally defaulted and that even if he had overcome his defaults, his grounds would nevertheless fail because his plea agreement contains a valid appeal waiver.

The Court having read and considered the R&R and noting the absence of any objections, it is hereby ADOPTED as the opinion and order of the Court. For the reasons set forth in the R&R, Movant's § 2255 motion is DENIED, a certificate of appealability is DENIED, and civil action number 1:15-cv-2517-ODE-AJB is DISMISSED.



1000 Characters Remaining reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases