SOUTHERN DISTR ICT OF FLORIDA CASE NO. 23-80136-CIV-SMITH/Matthewman

MARCELLO MARQUISE JETER,

Movant, v.

UNITED STATES OF AMERICA,

Respondent. /

ORDER AFFIRMING AND ADOPTING REPORT OF MAGISTRATE JUDGE

This matter is before the Court upon the Report and Recommendation (the “Report”) [DE 10] of the Honorable William Matthewman, U.S. Magistrate Judge, on Movant Marcello Marquise Jeter’s Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody Petition (“Motion”). In his thorough and well-reasoned Report, Judge Matthewman recommends that the Motion be denied and that the Court deny a certificate of appealability. Movant timely filed objections to the Report and Respondent did not file a response thereto. A district court may accept, reject, or modify a magistrate judge’s report and recommendation.

(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,

(11th Cir. 2009); see also Fed. R. Civ. P. 72(b)(3). The Court, having considered Judge Matthewman’s Report, Movant’s objections thereto, and having conducted a de novo review of the record, agrees with Judge Matthewman’s well- reasoned analysis and his recommendation that the Motion be denied. Accordingly, it is ORDERED that: 1) The Report and Recommendation [DE 20] is AFFIRMED and ADOPTED and 2) Movant’s Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody [DE 1] is DENIED. 3) A Certificate of Appealability is DENIED. 4) This case is CLOSED. DONE and ORDERED in Fort Lauderdale, Florida, this 26th day of February, 2025.

RODNEY SMITH UNITED STATES DISTRICT JUDGE cc: All counsel of record