Opinion
CRIMINAL NO. 8-CR-0332-4 CIVIL ACTION NO. 11-cv-2109
02-10-2014
DARREL WAYNE NOTO, JR. v. UNITED STATES
JUDGE HAIK
MAGISTRATE JUDGE HANNA
JUDGMENT
(Doc. 389, 413)
This matter was referred to United States Magistrate Judge Patrick J. Hanna for report and recommendation. After an independent review of the record, and consideration of the obj ections filed, this Court concludes that the Magistrate Judge's report and recommendation is correct and adopts the findings and conclusions therein as its own. Accordingly, IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that DARREL WAYNE NOTO, JR.'s motion is GRANTED IN PART and DENIED IN PART. The motion to vacate sentence based on application of the Fair Sentencing Act is granted, and the sentence is hereby VACATED, to be re-calculated under the applicable law and sentencing guidelines. IT IS FURTHER ORDERED that once re-sentenced, Darrel Wayne Noto, Jr. shall have the right to appeal his sentence. In all other respects, the motion is DENIED.
Signed at Lafayette, Louisiana this 10th day of February, 2014.