Opinion
19-23844-CIV-MORE 05-20235-CR-MORE
08-09-2021
Miami Division MARCOS GAMINO, Movant, v. UNITED STATES OF AMERICA, Respondent.
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND DENYING MOTION TO VACATE
FEDERICO A. MORENO, UNITED STATES DISTRICT JUDGE.
THE MATTER was referred to the Honorable Lurana S. Snow, United States Magistrate Judge, for a Report and Recommendation on Movant's Motion to Vacate Under 28 U.S.C. § 2255 (ECF No. 7), filed on October 31, 2019. The Magistrate Judge filed a Report and Recommendation (D.E. 31) on July 16, 2021. The Court has reviewed the entire file and record. The Court has made a de novo review of the issues that the objections to the Magistrate Judge's Report and Recommendation present, and being otherwise fully advised in the premises, it is
ADJUDGED that United States Magistrate Judge Lurana S. Snow's Report and Recommendation is AFFIRMED and ADOPTED. Accordingly, it is
ADJUDGED that the motion to vacate is DENIED for the reasons stated in the Report and Recommendation. It is also
ADJUDGED that the Court issues a certificate of appealability on whether the Movant's claim is jurisdictional under United States v. Bane, 948 F.3d 1290, 1294 (11th Cir. 2020) or whether the procedural default rule applies as set forth in Granda v. United States, 900 F.3d 1272 (11th Cir. 2021).
DONE AND ORDERED.
Lurana S. Snow, United States Magistrate Judge.