Opinion
Case No. 15-20406-CIV-GAYLES/WHITE
02-29-2016
REYNYER AGUILERA, Petitioner, v. JULIE L. JONES, Secretary, Florida Department of Corrections, Respondent.
ORDER AFFIRMING AND ADOPTING REPORT OF MAGISTRATE JUDGE
THIS CAUSE comes before the Court on Magistrate Judge Patrick A. White's Supplemental Report of Magistrate Judge ("Report") [ECF No. 25] entered on January 13, 2016. Petitioner Reynyer Aguilera, pro se, filed a Petition for Writ of Habeas Corpus with the Court on February 3, 2015 [ECF No. 1] ("Petition"). The matter was referred to Judge White, pursuant to 28 U.S.C. § 636(b)(1)(B) and Administrative Order 2003-19 of this Court, for a ruling on all pretrial, non-dispositive matters, and for a Report and Recommendation on any dispositive matters. [ECF No. 3]. Judge White's Report recommends (1) that the Court deny the Petition for Writ of Habeas Corpus and (2) that a certificate of appealability be denied. See Report at 31. The Petitioner has timely filed objections to the Report. [ECF No. 29].
A district court may accept, reject, or modify a magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1). Those portions of the report and recommendation to which objection is made are accorded de novo review, if those objections "pinpoint the specific findings that the party disagrees with." United States v. Schultz, 565 F.3d 1353, 1360 (11th Cir. 2009); see also Fed. R. Civ. P. 72(b)(3). Any portions of the report and recommendation to which no specific objection is made are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v. WestPoint Underwriters, L.L.C., 199 F. Supp. 2d 1271, 1276 (M.D. Fla. 2001); accord Macort v. Prem, Inc., 208 F. App'x 781, 784 (11th Cir. 2006).
The Petitioner has provided specific objections to only two of the Report's findings: (1) that Florida's "10-20-life" statute, Fla. Stat. § 775.087, does not provide for a mandatory minimum sentence when a defendant discharges a firearm during the commission of manslaughter; and (2) that manslaughter is reclassified to a first-degree felony under the 10-20-life statute and is punishable by thirty years' imprisonment. This Court, having conducted a de novo review of the record regarding these objections, concludes that the Petitioner merely asserts arguments already thoroughly considered and addressed in Judge White's well-reasoned Report. The Court also finds no clear error in the remainder of Judge White's analysis or recommendations.
A provision of the 10-20-life statute not affecting the outcome of this Petition was just recently repealed by the Florida Legislature, effective July 1, 2016. See 2016 Fla. Sess. Law Serv. Ch. 2016-7 (C.S.S.B. 228) (West) (Feb. 24, 2016) (providing for the removal of aggravated assault from the list of convictions which carry a minimum term of imprisonment if during the commission of the offense the convicted person possessed a firearm or destructive device). --------
Accordingly, after careful consideration, it is ORDERED AND ADJUDGED as follows:
(1) Judge White's Supplemental Report and Recommendation [ECF No. 25] is AFFIRMED AND ADOPTED and incorporated into this Order by reference;
(2) the Petition for Writ of Habeas Corpus [ECF No. 1] is DENIED;
(3) no certificate of appealability shall issue; and
(4) this case is CLOSED.
DONE AND ORDERED in Chambers at Miami, Florida, this 29th day of February, 2016.
/s/_________
DARRIN P. GAYLES
UNITED STATES DISTRICT JUDGE