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govinfo:USCOURTS-gand-4_13-cr-00057-1

U.S. District Court for the Northern District of Georgia · 2026-05-14

· GavelSight synced 2026-09-06 03:50:22

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IN THE UNITED STATES DISTRICT COURT 
 FOR THE NORTHERN DISTRICT OF GEORGIA 
ROME DIVISION 
 
CHARLES DEANDRE ROMAN, 
 
Movant, 
 
 v. 
 
UNITED STATES OF AMERICA, 
 
Respondent. 
 
 
 
 CRIMINAL ACTION NO. 
 4:13-cr-00057-WMR-JHR-1 
 
 CIVIL ACTION NO. 
 4:26-cv-00039-WMR-JHR 
 
 
 
 
 
 
 
ORDER 
 Charles DeAndre Roman moves to vacate, set aside, or correct his sentence 
under 28 U.S .C. § 2255. Motion (Mot.) (Doc. 56). The United States argues the 
motion should be granted in part. Response (Resp.) (Doc. 59). After consideration, 
the magistrate judge entered a report and recommendation (Doc. 60), recommending 
the following: 
• Roman’s motion to vacate his sentence be granted as to his ineffective 
assistance of counsel claims, and dismissed as untimely and procedurally 
defaulted as to his claim that his guilty plea was not knowing and voluntary 
• A certificate of appealability be denied 
• Civil Action No. 4:26-cv-00039 be closed 

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• The judgment in Criminal Action No. 4:13-cr-00057 be vacated 
• Roman’s 180-month sentence be reimposed with the specification that it runs 
concurrently with his state custodial sentence. 
 After a complete review, a district judge may accept, reject, or modify a 
magistrate judge’s report and recommendation. See 28 U.S.C. § 636(b)(1). If a party 
files a timely and specific objection to a finding or recommendation by a magistrate 
judge, the district judge must conduct a de novo review with respect to that factual 
issue. See Stokes v. Singletary , 952 F.2d 1567, 1576 (11th Cir. 1992) ; 
28 U.S.C.§ 636(b)(1). Even in the absence of an objection, the district judge reviews 
the magistrate judge’s legal conclusions de novo. See Cooper-Houston v. S. Ry. Co., 
37 F.3d 603, 604 (11th Cir. 1994). 
 In the absence of any timely objection and after reviewing the factual findings 
and legal conclusions, the following is ORDERED: 
A. The Court ADOPTS the report and recommendation (Doc. 60) and makes it 
part of this order for all purposes. 
B. Roman’s motion to vacate (Doc. 56) is GRANTED as to his ineffective 
assistance of counsel claims and DISMISSED as untimely and procedurally 
defaulted as to his claim that his guilty plea was not knowing and voluntary. 
C. A certificate of appealability is DENIED. 
D. The Clerk shall CLOSE Civil Action No. 4:26-cv-00039. 

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E. The Court VACATES the judgment in Criminal Action No. 4:13-cr-00057.
F. The Court REIMPOSES Roman’s 180-month sentence to run concurrently
with his state custodial sentence.
IT IS SO ORDERED, this 14th day of May, 2026. 

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