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05-068 - USA v. Gardner et al

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05-068 - USA v. Gardner et al
April 22, 2008
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MEMORANDUM OPINION & ORDER as to Glendrick Harris Gardner - (1) ADOPTING IN PART Mag Judge Todd's 72 REPORT AND RECOMMENDATIONS; specifically adopting his conclusions of law as to the waiver of the right to collaterally attack the conviction & sentence & the misadvice of counsel re plea agreement; (2) DENYING petitioner's claims of his right to effective assistance of counsel was violated during his guilty plea proceedings & sentencing - as petitioner waived his right to bring such challenges; DENYING IN PART petitioner's 50 MOTION to Vacate under 28 U.S.C. 2255; DENYING petitioner's 68 Amended & Supplemented 2255 motion; the court will hold entry of a final judgment until an evidentiary hearing is held on the claim of ineffective assistance of counsel; (3) GRANTED IN PART USA's 60 MOTION to Dismiss the dft's collateral attack; (4) EVIDENTIARY HEARING set for 4/30/08 at 9:30 AM; (5) that because petitioner knowingly & voluntarily waived his right to file a 2255 motion, the ct will not issue a certificate of appealability as to all issues except ineffective assistance of counsel for failure to file an appeal. Signed by Judge Jennifer B Coffman on 4/21/08. (KJR)cc: COR,USM,USP,D