Opinion
Criminal No. 97-78-P-C, Civil No. 02-235-P-C
May 15, 2003
F. MARK TERISON, OFFICE OF THE U.S. ATTORNEY, PORTLAND, ME., GAIL FISK MALONE, BANGOR, ME., MARGARET D. MCGAUGHEY, LEAD ATTORNEY ATTORNEY TO BE NOTICED, for USA, Plaintiff.
DAVID HILTON, PRO SE, FORT DIX, NJ., PETER E. RODWAY, RODWAY HORODYSKI, LEAD ATTORNEY ATTORNEY TO BE NOTICED, PORTLAND, ME., for DAVID HILTON, Defendant(s).
ORDER AFFIRMING THE AMENDED RECOMMENDED DECISION OF THE MAGISTRATE JUDGE
The United States Magistrate Judge filed with the Court on March 26, 2003, with copies to the pro se Defendant and to counsel, her Amended Recommended Decision on 28 U.S.C. § 2255 Motion and Motion for Bond (Docket Item No. 105). The Government filed its objection to the Recommended Decision on April 11, 2003 (Docket Item No. 108), to which objection Defendant filed his response on May 9, 2003 (Docket Item No. 109). This Court having reviewed and considered the Magistrate Judge's Recommended Decision, together with the entire record, and having made a de novo determination of all matters adjudicated by the Magistrate Judge's Recommended Decision, and concurring with the recommendations of the United States Magistrate Judge for the reasons set forth in her Recommended Decision, and having determined that no further proceeding is necessary; it is ORDERED as follows:
(1) The objection of the Government is hereby DENIED.
(2) The Recommended Decision of the Magistrate Judge is hereby AFFIRMED.
(3) The Government's motion to file a late response to Defendant Hilton's motion for release on bond is hereby GRANTED.
(4) Defendant Hilton's motion to vacate his conviction is hereby GRANTED.
(5) Defendant Hilton's motion for a hearing to determine if he is eligible for release on bond is hereby GRANTED, and the motion is REFERRED to the Magistrate Judge, such hearing to be held by him as expeditiously as his calendar will permit.