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Pickett v. Carvajal

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION
Sep 30, 2011
CIVIL ACTION NO. 5:11cv17 (E.D. Tex. Sep. 30, 2011)

Summary

granting § 2241 petition under Watson where defendant's § 924(c) conviction for "using" a firearm was based solely upon purchase of gun in exchange for drugs

Summary of this case from Boone v. Quintana

Opinion

CIVIL ACTION NO. 5:11cv17

09-30-2011

THOMAS NEIL PICKETT v. M.D. CARVAJAL


MEMORANDUM ORDER ADOPTING THE MAGISTRATE

JUDGE'S REPORT AND RECOMMENDATION

Petitioner Thomas Neil Pickett, an inmate confined at the Federal Correctional Institution in Texarkana, Texas, proceeding pro se, brought this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241.

The court referred this matter to the Honorable Caroline Craven, United States Magistrate Judge, at Texarkana, Texas, for consideration pursuant to applicable laws and orders of this Court. The Magistrate Judge recommends the above-styled petition be granted as it pertains to Count 2 in the underlying criminal case, Criminal Action Number 7:04cr47-F-1, styled United States v. Pickett. Accordingly, petitioner's case should be remanded to the United States District Court for the Eastern District of North Carolina for appropriate relief in the sentencing relief.

The Court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such referral, along with the record, pleadings and all available evidence. No objections to the Report and Recommendation of United States Magistrate Judge were filed by the parties.

ORDER

Accordingly, the findings of fact and conclusions of law of the magistrate judge are correct and the report of the magistrate judge is ADOPTED. A final judgment will be entered in this case in accordance with the magistrate judge's recommendations.

DAVID FOLSOM

UNITED STATES DISTRICT JUDGE


Summaries of

Pickett v. Carvajal

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION
Sep 30, 2011
CIVIL ACTION NO. 5:11cv17 (E.D. Tex. Sep. 30, 2011)

granting § 2241 petition under Watson where defendant's § 924(c) conviction for "using" a firearm was based solely upon purchase of gun in exchange for drugs

Summary of this case from Boone v. Quintana

vacating an Eastern District of North Carolina conviction and "remanding" to that court for resentencing

Summary of this case from Hill v. Sepanek
Case details for

Pickett v. Carvajal

Case Details

Full title:THOMAS NEIL PICKETT v. M.D. CARVAJAL

Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION

Date published: Sep 30, 2011

Citations

CIVIL ACTION NO. 5:11cv17 (E.D. Tex. Sep. 30, 2011)

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Cf. Short v. Schultz, No. 7: 08CV00057, 2008 WL 1984262, at *5 n.3 (W.D. Va. May 6, 2008) ("The words 'use'…