Summary
noting that § 2255 movant's claim, identical to Movant's, that a count in the indictment conflated both prongs of § 924(c) and, thus, "failed to charge a crime under federal law" failed on direct appeal because "the Court of Appeals found the claim to be meritless"
Summary of this case from Propst v. United StatesOpinion
Civil Action No. 2:03cv532-MHT, (WO).
August 23, 2006
OPINION
Pursuant to 28 U.S.C. § 2255, petitioner, a federal inmate, filed this lawsuit seeking habeas relief. This lawsuit is now before the court on the recommendation of the United States Magistrate Judge that petitioner's writ petition be denied. Also before the court are petitioner's objections to the recommendation. After an independent and de novo review of the record, the court concludes that petitioner's objections should be overruled and the magistrate judge's recommendation adopted.
An appropriate judgment will be entered.