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Thompson v. United States

United States District Court, W.D. Louisiana, Lake Charles Division

December 5, 2014

ROGER THOMPSON, Petitioner,
v.
UNITED STATES OF AMERICA Defendant.

JUDGMENT

PATRICIA MINALDI, District Judge.

Before the court is the Report and Recommendation [Doc. 5] of the Magistrate Judge previously filed herein, to which the petitioner has filed an Objection [Doc. 6]. The court notes that at the time the petitioner filed his petition for writ of habeas corpus [Doc. 1] that the issue of whether Alleyne v. United States was retroactive had been decided by the Fifth Circuit, and thus, that issue was foreclosed by circuit law. In re Kemper, 735 F.3d 211 (5th Cir. 2013).

Therefore, for the reasons stated in the Report and Recommendation [Doc. 5] of the Magistrate Judge previously filed herein, after an independent review of the record, a de novo determination of the issues, and having determined that the findings are correct under applicable law,

IT IS ORDERED the petitioner's petition for writ of habeas corpus [Doc. 1], as amended by his petition for writ of habeas corpus [Doc. 4], be and hereby is DISMISSED, WITH PREJUDICE.


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