United States v. Hilton

2003 | Cited 0 times | D. Maine | May 15, 2003

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 ItemNo. 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.

GENE CARTER Senior United States District Judge

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