Filed: Apr. 29, 2015
Latest Update: Apr. 29, 2015
Summary: REPORT AND RECOMMENDATION G.R. SMITH , Magistrate Judge . The Court recommends dismissal of Michael Lavon Bostic's 28 U.S.C. 2255 motion without prejudice because: (a) Bostic has just been convicted, CR413-007, doe. 721 (S.D. Ga. Apr. 21, 2015); (b) he elected not to appeal, doe. 720 (S.D. Ga. Apr. 21, 2015); c) he has clearly changed his mind, doe. 722 (S.D. Ga. Apr. 27, 2015) (his 2255 raises sufficiency of indictment defenses), and he is still represented by counsel. Thus, the Court
Summary: REPORT AND RECOMMENDATION G.R. SMITH , Magistrate Judge . The Court recommends dismissal of Michael Lavon Bostic's 28 U.S.C. 2255 motion without prejudice because: (a) Bostic has just been convicted, CR413-007, doe. 721 (S.D. Ga. Apr. 21, 2015); (b) he elected not to appeal, doe. 720 (S.D. Ga. Apr. 21, 2015); c) he has clearly changed his mind, doe. 722 (S.D. Ga. Apr. 27, 2015) (his 2255 raises sufficiency of indictment defenses), and he is still represented by counsel. Thus, the Court ..
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REPORT AND RECOMMENDATION
G.R. SMITH, Magistrate Judge.
The Court recommends dismissal of Michael Lavon Bostic's 28 U.S.C. § 2255 motion without prejudice because: (a) Bostic has just been convicted, CR413-007, doe. 721 (S.D. Ga. Apr. 21, 2015); (b) he elected not to appeal, doe. 720 (S.D. Ga. Apr. 21, 2015); c) he has clearly changed his mind, doe. 722 (S.D. Ga. Apr. 27, 2015) (his § 2255 raises sufficiency of indictment defenses), and he is still represented by counsel. Thus, the Court DIRECTS the Clerk to construe Bostic's § 2255 motion as a Notice of Appeal, and trial counsel shall represent him accordingly.
SO REPORTED AND RECOMMENDED.
