Presendieu v. United States ( 2021 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 1:19-cv-21524-GAYLES/OTAZO-REYES STANLEY PRESENDIEU, Movant, v. UNITED STATES OF AMERICA, Respondent. ______________________________________/ ORDER THIS CAUSE comes before the Court on Magistrate Judge Alicia M. Otazo-Reyes’s Report and Recommendation (the “Report”) [ECF No. 17] regarding Movant Stanley Presendieu’s Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (the “Motion”) [ECF No. 1]. On April 19, 2019, Movant filed his Motion requesting a reconsideration of his sentence of 212 months’ imprisonment. See United States v. Presendieu, Case No. 15-20032, [ECF No. 279] (S.D. Fla. Oct. 15, 2015). On June 28, 2019, the Court referred this case to Judge Otazo-Reyes, pursuant to 28 U.S.C. § 636(b)(1)(B), for a ruling on all pre-trial, non-dispositive matters and a report and recommendation on all dispositive matters. [ECF No. 5]. On September 17, 2020, Judge Otazo-Reyes issued her Report recommending that the Motion be denied. [ECF No. 17]. Movant timely filed objections (the “Objections”), [ECF No. 18], to which the Respondent responded. [ECF No. 22]. A district court may accept, reject, or modify a magistrate judge’s report and recommendation. 28 U.S.C. § 636(b)(1). Those portions of the report and recommendation to which objections are made are accorded de novo review, if those objections “pinpoint the specific findings that the party disagrees with.” United States v. Schultz, 565 F.3d 1353, 1360 (11th Cir. 2009); see also Fed. R. Civ. P. 72(b)(3). Any portions of the report and recommendation to which no specific objections are made are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v. WestPoint Underwriters, L.L.C., 199 F. Supp. 2d 1271, 1276 (M.D. Fla. 2001); accord Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). Having conducted a de novo review of the Motion, Report, Objections, and record, the Court agrees with Judge Otazo-Reyes’s well-reasoned analysis and conclusion that the Motion should be denied. Accordingly, it is ORDERED AND ADJUDGED as follows: 1. Magistrate Judge Alicia M. Otazo-Reyes’s Report and Recommendation, [ECF No. 17], is AFFIRMED AND ADOPTED and incorporated into this Order by reference. 2. Movant Stanley Presendieu’s Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody, [ECF No. 1], is DENIED. 3. This case is CLOSED. DONE AND ORDERED in Chambers at Miami, Florida, this 24th day of May, 2021. Df Bld UNITED STATES DISTRICVY JUDGE