USA v. McClain

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
UNITED STATES OF AMERICA 	RESPONDENT
vs. 	Criminal No. 1:21-cr-10006
Civil No. 1:23-cv-01014
JYRONURUS LEE MCCLAIN 	MOVANT
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
Movant is Jyronurus Lee McClain (“McClain”). 	McClain filed a pro se Motion to Vacate
under 28 U.S.C. § 2255 on February 21, 2023. 	ECF No. 18. 	The Government responded to this
Motion on June 22, 2023. ECF No. 26. This Motion was referred for findings of fact, conclusions
of law, and recommendations for the disposition of the case.
On October 12, 2023, the Government withdrew its opposition to McClain’s Motion to
Vacate (ECF No. 35) and concedes McClain requested that his trial counsel appeal his sentence. It
is also undisputed that McClain’s counsel did not appeal his sentence as directed. Accordingly, the
Government does not object to the requested relief. 	Therefore, the Court recommends the instant
Motion (ECF No. 18) be GRANTED, and McClain’s case be set for resentencing.
The Parties have fourteen (14) days from receipt of this Report and Recommendation
in which to file written objections pursuant to 28 U.S.C. § 636(b)(1). The failure to file timely
objections may result in waiver of the right to appeal questions of fact. 	The Parties are
reminded that objections must be both timely and specific to trigger de novo review by the
district court. See Thompson v. Nix, 897 F.2d 356, 357 (8 th Cir. 1990).
DATED this 24th day of October 2023.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
UNITED STATES MAGISTRATE JUDGE
Case 1:21-cr-10006-SOH Document 36 Filed 10/24/23 Page 1 of 1 PageID #:
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