Opinion
Cause No. SA-97-CA-398, SA-93-CR-258
December 12, 1997
ORDER
On this day, the Court considered movant's motion to vacate his sentence. The Court also considered the November 6, 1997 Memorandum and Recommendation of United States Magistrate Judge John W. Primomo and the entire record.
After reviewing the pertinent legal authorities in light of the entire record, the Magistrate Judge recommended that movant's motion to vacate be granted such that his Section 924(c) conviction on Count Four be set aside, and that he be resentenced on Count One to a term of 120 months. No objections to the Memorandum and Recommendation have been filed.
Having conducted an independent review of the entire record in this cause as required by Title 28 U.S.C. § 636(b)(1)(C), the Court hereby adopts the Magistrate Judge's factual findings and legal conclusions contained in the Memorandum and Recommendation.
Therefore, it is hereby ORDERED that movant's motion to vacate his sentence be GRANTED such that his Section 924(c) conviction on Count Four is vacated, and that he be resentenced on Count One to a term of 120 months. The Clerk of the Court is instructed to close this case, and all pending motions are dismissed as moot.