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Thomas Fiore v. United States of America

January 12, 2012

THOMAS FIORE, MOVANT,
v.
UNITED STATES OF AMERICA, RESPONDENT.



The opinion of the court was delivered by: William J. Zloch United States District Judge

ORDER

THIS MATTER is before the Court upon the Report Of Magistrate Judge Recommending That Motion Be Granted Following An Evidentiary Hearing (DE 19) filed herein by United States Magistrate Judge Patrick A. White. No Objections to said Report have been filed. The Court has conducted a de novo review of the entire record herein and is otherwise fully advised in the premises.

Accordingly, after due consideration, it is ORDERED AND ADJUDGED as follows:

1. The Report Of Magistrate Judge Recommending That Motion Be Granted Following An Evidentiary Hearing (DE 19) filed herein by United States Magistrate Judge Patrick A. White be and the same is hereby approved, adopted and ratified by the Court;

2. Movant Thomas Fiore's Motion Under 28 U.S.C. § 2255 To Vacate, Set Aside, Or Correct Sentence (DE 1) be and the same is hereby GRANTED consistent with the terms of Magistrate Judge White's Report;

3. To the extent not otherwise disposed of herein, all pending Motions be and the same are hereby DENIED as moot; and

4. Re-sentencing will be reset by separate Order.

Copies furnished:

All Counsel of Record

20120112

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