Opinion
Case No. 5:11cr46-MW/EMT Case No. 5:15cv146-MW/EMT
03-24-2018
UNITED STATES OF AMERICA, v. SARA MARI HOEHN.
ORDER ACCEPTING REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge's Report and Recommendation, ECF No. 142, and has also reviewed de novo Petitioner's objections to the report and recommendation, ECF No. 147.
Accordingly,
IT IS ORDERED:
The report and recommendation is accepted and adopted, over Petitioner's objections, as this Court's opinion. In her objections, Defendant does not address the Magistrate's report and recommendation but instead raises an issue regarding her sentence based on Amendment 794 to U.S.S.G. § 3B1.2. This claim is without merit. E.g., Hernandez v. United States, 2017 WL 2465014, at *2 (S.D. Ca. June 7, 2017). The Clerk shall enter judgment stating, "The Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence, ECF No. 122, is DENIED. A Certificate of Appealability is DENIED." The Clerk shall close the file.
SO ORDERED on March 24, 2018.
s/ Mark E. Walker
United States District Judge