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MARSHALL v. U.S., CR109-078. (2015)

Court: District Court, S.D. Georgia Number: infdco20151016b83
Filed: Oct. 14, 2015
Latest Update: Oct. 14, 2015
Summary: ORDER G. R. SMITH , Magistrate Judge . Familiarity with the Court's October 6, 2015 Order in this case is assumed. CR111-097, doc. 37. Because this situation is similar enough to the "lost-appeal" issue in Thompson v. United States, CV415-064 (S.D. Ga.), the Court appoints Howard W. Anderson, III, who is representing defendant David Thompson on direct appeal in that case, id., doe. 13, to represent defendant Arthur J. Marshall, Jr. here. Anderson is DIRECTED to review the file, then
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ORDER

Familiarity with the Court's October 6, 2015 Order in this case is assumed. CR111-097, doc. 37. Because this situation is similar enough to the "lost-appeal" issue in Thompson v. United States, CV415-064 (S.D. Ga.), the Court appoints Howard W. Anderson, III, who is representing defendant David Thompson on direct appeal in that case, id., doe. 13, to represent defendant Arthur J. Marshall, Jr. here. Anderson is DIRECTED to review the file, then confer with Marshall and the Government on whether it makes sense to travel the same path taken in Thompson. Id. (Order directing Anderson to file a direct appeal on Thompson's behalf, thereby obviating the evidentiary hearing on Thompson's "lost appeal," § 2255 claim).1

FootNotes


1. Anderson is reminded to include both the civil and criminal case numbers in all futher § 2255 filings.
Source:  Leagle

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