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Potts v. U.S.

United States District Court, N.D. Texas, Dallas Division
Jul 17, 2008
CIVIL ACTION NO. 3:06-CV-0201-G, CRIMINAL ACTION NO 3:04-CR-321-G ECF (N.D. Tex. Jul. 17, 2008)

Summary

finding counsel's performance deficient for not objecting to an error in Guidelines calculation

Summary of this case from United States v. Blount

Opinion

CIVIL ACTION NO. 3:06-CV-0201-G, CRIMINAL ACTION NO 3:04-CR-321-G ECF.

July 17, 2008


ORDER


After reviewing all relevant matters of record in this case, including the findings, conclusions, and recommendation of the United States Magistrate Judge and any objections thereto, in accordance with 28 U.S.C. § 636(b)(1), the undersigned district judge is of the opinion that the findings and conclusions of the magistrate judge are correct and they are ACCEPTED as the findings and conclusions of the court.

For the reasons stated in the findings, conclusions, and recommendation, the court DENIES as moot movant's motion for summary judgment and GRANTS the motion to vacate on one claim of ineffective assistance of counsel. The court VACATES petitioner's sentence and will resentence him by separate order in light of the accurately calculated guidelines range.

SO ORDERED.


Summaries of

Potts v. U.S.

United States District Court, N.D. Texas, Dallas Division
Jul 17, 2008
CIVIL ACTION NO. 3:06-CV-0201-G, CRIMINAL ACTION NO 3:04-CR-321-G ECF (N.D. Tex. Jul. 17, 2008)

finding counsel's performance deficient for not objecting to an error in Guidelines calculation

Summary of this case from United States v. Blount

accepting recommendation of Mag. J.

Summary of this case from Zul-Nieto v. United States
Case details for

Potts v. U.S.

Case Details

Full title:NORMAN POTTS, Petitioner, v. UNITED STATES OF AMERICA, Respondent

Court:United States District Court, N.D. Texas, Dallas Division

Date published: Jul 17, 2008

Citations

CIVIL ACTION NO. 3:06-CV-0201-G, CRIMINAL ACTION NO 3:04-CR-321-G ECF (N.D. Tex. Jul. 17, 2008)

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