USA v. HERRERA

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
UNITED STATES OF AMERICA,
v. Case No. 5:19-cr-68-TKW-MAL
5:23-cv-21-TKW-MAL
JOAQUIN HERRERA,
Defendant.
/
ORDER
This case is before the Court based on the magistrate judge’s Report and
Recommendation (Doc. 88) and Defendant’s objections (Doc. 93). The Court
reviewed the issues raised in the objections de novo under 28 U.S.C. §636(b)(1) and
Fed. R. Civ. P. 72(b)(3), and based on that review, the Court agrees with the
magistrate judge’s determination that Defendant’s §2255 motion should be denied
on the merits without an evidentiary hearing and that a certificate of appealability
should be denied.
Accordingly, it is ORDERED that:
1. The magistrate judge’s Report and Recommendation is adopted and
incorporated by reference in this Order.
2. Defendant’s §2255 motion (Doc. 71) is DENIED.
3. A certificate of appealability is DENIED.
Case 5:19-cr-00068-TKW-MAL Document 94 Filed 12/29/25 Page 1 of 2

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4. The Clerk shall enter judgment in accordance with this Order and close
the case file.
DONE AND ORDERED this 29th day of December, 2025.
__________________________________
T. KENT WETHERELL, II
UNITED STATES DISTRICT JUDGE
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