Summary
granting § 2241 petition under Watson where defendant's § 924(c) conviction for "using" a firearm was based solely upon purchase of gun in exchange for drugs
Summary of this case from Boone v. QuintanaOpinion
CIVIL ACTION NO. 5:11cv17
09-30-2011
MEMORANDUM ORDER ADOPTING THE MAGISTRATE
JUDGE'S REPORT AND RECOMMENDATION
Petitioner Thomas Neil Pickett, an inmate confined at the Federal Correctional Institution in Texarkana, Texas, proceeding pro se, brought this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241.
The court referred this matter to the Honorable Caroline Craven, United States Magistrate Judge, at Texarkana, Texas, for consideration pursuant to applicable laws and orders of this Court. The Magistrate Judge recommends the above-styled petition be granted as it pertains to Count 2 in the underlying criminal case, Criminal Action Number 7:04cr47-F-1, styled United States v. Pickett. Accordingly, petitioner's case should be remanded to the United States District Court for the Eastern District of North Carolina for appropriate relief in the sentencing relief.
The Court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such referral, along with the record, pleadings and all available evidence. No objections to the Report and Recommendation of United States Magistrate Judge were filed by the parties.
ORDER
Accordingly, the findings of fact and conclusions of law of the magistrate judge are correct and the report of the magistrate judge is ADOPTED. A final judgment will be entered in this case in accordance with the magistrate judge's recommendations.
DAVID FOLSOM
UNITED STATES DISTRICT JUDGE