Tavo Simmons v. United States of America Probation Supervised Release

I. INTRODUCTION

22 23 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition for Writ of 24 Habeas Corpus (dkt. 1), all of the records herein, the Report and Recommendation 25 of United States Magistrate Judge (dkt. 9, the “Report”), and the Objections to the 26 Magistrate Judge’s Report and Recommendation (dkt. 10, the “Objections” or 27 “Obj.”). Pursuant to 28 U.S.C. § 636(b)(1)(C) and Fed. R. Civ. P. 72(b), the Court 1 has conducted a de novo review of those portions of the Report to which objections 2 have been stated. Having completed its review, the Court accepts the findings and 3 recommendations set forth in the Report. 4

II. BACKGROUND

5 6 On April 13, 2018, in the United States District Court for the Eastern District 7 of Kentucky, petitioner Tavo Simmons (“Petitioner”) pled guilty to, and was 8 convicted of, conspiracy to distribute over 500 grams of cocaine. USA v. 9 Simmons et al, Case No. 2:17-cr-00030-DLB-CJS, dkt. 52. On June 28, 2018, he 10 was sentenced to imprisonment for a term of 120 months followed by eight years 11 of supervised release. Report at 2, n.1. On November 6, 2019, the Sixth Circuit 12 Court of…