WHITAKER v. U.S., 5:09-CR-125-1BR (2015)
Court: District Court, E.D. North Carolina
Number: infdco20150204f76
Visitors: 3
Filed: Feb. 03, 2015
Latest Update: Feb. 03, 2015
Summary: ORDER W. EARL BRITT, Senior District Judge. This matter is before the court on the government's response to petitioner's 28 U.S.C. 2255 motion. (DE # 55.) The government concedes that petitioner has a meritorious claim of actual innocence as to his conviction for being a felon in possession of a firearm ("Count One"). Petitioner also has a conviction for conspiracy to distribute and possess with the intent to distribute more than 50 grams of cocaine base ("Count Three"). The effect, if any,
Summary: ORDER W. EARL BRITT, Senior District Judge. This matter is before the court on the government's response to petitioner's 28 U.S.C. 2255 motion. (DE # 55.) The government concedes that petitioner has a meritorious claim of actual innocence as to his conviction for being a felon in possession of a firearm ("Count One"). Petitioner also has a conviction for conspiracy to distribute and possess with the intent to distribute more than 50 grams of cocaine base ("Count Three"). The effect, if any, t..
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ORDER
W. EARL BRITT, Senior District Judge.
This matter is before the court on the government's response to petitioner's 28 U.S.C. § 2255 motion. (DE # 55.) The government concedes that petitioner has a meritorious claim of actual innocence as to his conviction for being a felon in possession of a firearm ("Count One"). Petitioner also has a conviction for conspiracy to distribute and possess with the intent to distribute more than 50 grams of cocaine base ("Count Three"). The effect, if any, that the vacation of petitioner's conviction and sentence on Count One has on his sentence on Count Three is not clear. Accordingly, the Office of the Federal Public Defender is APPOINTED to represent petitioner with regard to this issue and the appropriate remedy. Petitioner's counsel shall file any brief within 30 days of the date of this order. The government shall file any response within 21 days thereof.
Source: Leagle
