U.S. v. BURGESS, 1:09-cr-17. (2015)
Court: District Court, W.D. North Carolina
Number: infdco20150302a17
Visitors: 10
Filed: Feb. 27, 2015
Latest Update: Feb. 27, 2015
Summary: ORDER GRAHAM C. MULLEN , District Judge . THIS MATTER is before the Court on Defendant's "Motion to Set Aside Conviction— Conflict of Interest by Stand-By and Trial Counsel" (Doc. No. 250), filed on October 1, 2014. Defendant's motion appears to be a duplicative 2255 petition in that it asserts the same baseless allegations raised in his parallel 2255 case (3:12-cv-375). The Court dismissed Defendant's 2255 petition by written order on February 26, 2015. ( See Doc. No. 266). Thus,
Summary: ORDER GRAHAM C. MULLEN , District Judge . THIS MATTER is before the Court on Defendant's "Motion to Set Aside Conviction— Conflict of Interest by Stand-By and Trial Counsel" (Doc. No. 250), filed on October 1, 2014. Defendant's motion appears to be a duplicative 2255 petition in that it asserts the same baseless allegations raised in his parallel 2255 case (3:12-cv-375). The Court dismissed Defendant's 2255 petition by written order on February 26, 2015. ( See Doc. No. 266). Thus, b..
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ORDER
GRAHAM C. MULLEN, District Judge.
THIS MATTER is before the Court on Defendant's "Motion to Set Aside Conviction— Conflict of Interest by Stand-By and Trial Counsel" (Doc. No. 250), filed on October 1, 2014. Defendant's motion appears to be a duplicative § 2255 petition in that it asserts the same baseless allegations raised in his parallel § 2255 case (3:12-cv-375). The Court dismissed Defendant's § 2255 petition by written order on February 26, 2015. (See Doc. No. 266). Thus, because Defendant's motion is procedurally improper, and for the additional substantive reasons stated in the Court's order (Doc. No. 266), Defendant's motion is DENIED.
The Clerk of Court is directed to send a copy of this order to Defendant.
SO ORDERED.
Source: Leagle
