Summary
finding that, even if firing pin had been removed from gun, it was still a firearm under § 921
Summary of this case from Reddick v. United StatesOpinion
Case No. 5:01cr16-RH/WCS, 5:04cv62-RH/WCS.
September 29, 2005
ORDER DENYING § 2255 MOTION
This matter is before the court on the magistrate judge's report and recommendation (document 101) and the objections thereto (document 103). I have reviewed de novo the issues raised by the objections. Upon consideration,
IT IS ORDERED:
The report and recommendation is ACCEPTED and adopted as the opinion of the court. Defendant's motion for relief under 28 U.S.C. § 2255 (document 88) is DENIED without prejudice to the filing of any timely and appropriate motion for relief in the event a state court vacates a conviction used to enhance the sentence in this case and with prejudice in all other respects. The clerk shall enter judgment and close the file.
SO ORDERED.