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Tag Archives: Motion to Vacate Sentence

Criminal Law: Motion to Vacate Sentence-Substantive Reasonableness of Sentence-Plea-Agreement Waiver of Appeal

Defendant appealed the sentence imposed following his successful §2255 motion. On appeal, defendant argued that his sentence was substantively unreasonable. In response, the government asserted that defendant’s appeal was barred by the appeal waiver in his plea agreement. Where the ...

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Criminal: Motion to Vacate Sentence-Ineffective Assistance of Counsel-Failure to Advise of Consequences of Testifying

Plaintiff, convicted of bank fraud and aggravated identity theft, appealed the denial of his motion to vacate his sentence, based on his counsel’s alleged ineffectiveness for failing to advise plaintiff of the consequences of testifying at a pretrial-release revocation hearing ...

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Criminal Law: Motion to Vacate Sentence- Ineffective Assistance of Counsel- Failure to Advise of Consequences of Testifying

Plaintiff, convicted of bank fraud and aggravated identity theft, appealed the denial of his motion to vacate his sentence, based on his counsel’s alleged ineffectiveness. Where the oath he swore before he testified at pre-trial release hearing already made clear ...

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