U.S. v. HALL, 2:14-CR-08-BO. (2015)
Court: District Court, E.D. North Carolina
Number: infdco20150403853
Visitors: 10
Filed: Mar. 31, 2015
Latest Update: Mar. 31, 2015
Summary: ORDER TERRENCE W. BOYLE , District Judge . This matter is before the Court on defendant Theodore Hall's motion for the return of property which was seized from him during the investigation that led to his conviction. [DE 38]. Mr. Hall states that he was "erroneously coerced and manipulated into entering a plea agreement which called for him to sign over" said property. [DE 39]. The government has responded to defendant's motion. [DE 41]. The Court agrees that the relief sought by defendant
Summary: ORDER TERRENCE W. BOYLE , District Judge . This matter is before the Court on defendant Theodore Hall's motion for the return of property which was seized from him during the investigation that led to his conviction. [DE 38]. Mr. Hall states that he was "erroneously coerced and manipulated into entering a plea agreement which called for him to sign over" said property. [DE 39]. The government has responded to defendant's motion. [DE 41]. The Court agrees that the relief sought by defendant ..
More
ORDER
TERRENCE W. BOYLE, District Judge.
This matter is before the Court on defendant Theodore Hall's motion for the return of property which was seized from him during the investigation that led to his conviction. [DE 38]. Mr. Hall states that he was "erroneously coerced and manipulated into entering a plea agreement which called for him to sign over" said property. [DE 39].
The government has responded to defendant's motion. [DE 41]. The Court agrees that the relief sought by defendant is that which would result from a successful motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255. Thus, the Court hereby NOTIFIES defendant of its intent to construe his letter as a motion pursuant to 28 U.S.C. § 2255. Castro v. United States, 540 U.S. 375, 377 (2003). The Court further warns defendant of the effects of filing a motion pursuant to § 2255, including the restrictions on second or successive § 2255 motions, and advises him as to the requirements of a§ 2255.
If defendant does not wish his letter to be construed as a motion pursuant to 28 U.S.C. § 2255, he must so notify the Court and withdraw or sufficiently amend his motion within forty-five (45) days of the date of entry of this Order.
SO ORDERED.
Source: Leagle
