Summary
finding that counsel was not ineffective for failing to consult with defendant regarding an appeal where, among other things, the plea agreement contained an appeal waiver and the agreement was explained at the plea colloquy
Summary of this case from Stoltz v. United StatesOpinion
Case No. 10-20202 Case No. 12-15266 Case No. 11-20248 Case No. 12-15250 Case No. 11-20469 Case No. 13-10551
03-31-2014
UNITED STATES OF AMERICA, Plaintiff/Respondent, v. GWENDOLYN WASHINGTON, Defendant/Petitioner,
HON. JOHN CORBETT O'MEARA
ORDER ADOPTING REPORT AND RECOMMENDATION
Before the Court is a report and recommendation filed on September 5, 2013 by Magistrate Judge Paul J. Komives. On September 26, 2013 Defendant filed objections to the report and recommendation. On October 17, 2013 the Government filed a response to the objections.
This Court "shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. 28 U.S.C. § 636(b)(1)(C). The Court "may accept, reject or modify, in whole or in part, the findings or recommendations made by the magistrate." Id.
Having reviewed the record, it is hereby ORDERED that the report and recommendation is ADOPTED as the findings and conclusions of this Court, and Defendant's motions to vacate, set aside, or correct her sentence pursuant to 28 U.S.C. § 2255 are DENIED.
It is further ORDERED that a certificate of appealability is DENIED.
John Corbett O'Meara
United States District Judge
I hereby certify that a copy of the foregoing document was served upon the parties of record on this date, March 31, 2014, using the ECF system and/or ordinary mail.
William Barkholz
Case Manager