Reyes v. USA

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS
JOSE SILVA REYES, §
§
Movant, §
§
versus § CIVIL ACTION NO. 1:23-CV-27
§
UNITED STATES OF AMERICA, §
§
Respondent. §
ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Movant Jose Silva Reyes, a federal prisoner, proceeding pro se, brought this motion to
vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255. The court referred this matter
to the Honorable Christine L. Stetson, United States Magistrate Judge, at Beaumont, Texas, for
consideration pursuant to applicable laws and orders of this court. The magistrate judge
recommends dismissing movant’s motion to vacate, set aside or correct sentence without prejudice
to allow movant to file an out-of-time appeal. Accordingly, the magistrate judge also recommends
vacating and reentering the Final Judgment in United States v. Jose Silva Reyes, Criminal Action
No. 1:20cr64(4), as of the date of entry of the judgment in this proceeding. To date, the parties
have not filed objections to the report.
The court received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such referral, along with the record, pleadings and all available
evidence. After careful review, the court finds that the findings of fact and conclusions of law of
the United States Magistrate Judge are correct.
Accordingly, the Report and Recommendation of the United States Magistrate Judge is
ADOPTED. It is
ORDERED that the above-styled Motion to Vacate, Set Aside or Correct Sentence is
DISMISSED without prejudice. It is further
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ORDERED that the Final Judgment issued in United States v. Jose Silva Reyes, Criminal
Action No. 1:20cr64(4), is VACATED and the Clerk of Court shall re-enter the Final Judgment,
as of the date of entry of the Final Judgment in this § 2255 proceeding. When the Judgment is re-
entered it will begin a new time period for filing an appeal under FED. R. APP. P. 4(b). A final
judgment will be entered in this case in accordance with the magistrate judge’s recommendation.
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________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE
SIGNED at Beaumont, Texas, this 4th day of March, 2026.
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