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15-039 - USA v. Hamilton et al


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15-039 - USA v. Hamilton et al
January 22, 2018
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RECOMMENDED DISPOSITION as to Brian Hamilton re 210 MOTION to Vacate under 28 U.S.C. 2255: Hamilton filed a pro se1 motion under 28 U.S.C. § 2255. See generally DE 210 (Motion). The United States responded in opposition. DE 218 (Response). Hamilton replied. DE 219 (Reply). Court RECOMMENDS that the District Judge GRANT § 2255 relief (DE 210)on the terms stated belowto the extent Hon. Andrew Stephens, Hamilton's trial-level counsel, ineffectively assisted Movant regarding his plea offer, otherwise DENY § 2255 relief (DE 210), and issue no Certificate of Appealability as to the rejected claims. RECOMMENDATION For the reasons discussed, the Court RECOMMENDS that the District Judge GRANT IN PART and DENY IN PART § 2255 relief (DE 210) on the termsand with the concordant mechanicsstated above, and issue NO Certificate of Appealability on the unsuccessful claims. *** To ensure a clear and complete record, the Court ORDERS the Clerk to file the referenced CJA Voucher, already in the Clerk's papers, in the case record. Additionally, the Court EXTENDS Hon. Whitney T. Lawson's appointment through, if necessary, resentencing. She shall represent Hamilton on all pending matters before the District Court, including objections, associated briefing, and any resentencing. *** Objections to R&R due by 2/8/2018. Signed by Magistrate Judge Robert E. Wier on 1/22/2018. (RBB) cc: COR,USM,USP, Paper copy to Brian Hamilton, via US Mail.
March 7, 2018
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ORDER as to Brian Hamilton (2): 1. The Recommended Disposition [R. 240] as to Defendant Brian Hamilton is ADOPTED as and for the Opinion of the Court; 2. Defendant's Motion to Vacate, pursuant to 28 U.S.C. § 2255, [R. 210] will be DENIED as to Defendants claims of sentencing errors; 3. Defendant's Motion to Vacate [R. 210] will be GRANTED as to relief sought due to the ineffective assistance of trial counsel; 4. A resentencing hearing is hereby scheduled for Tuesday, May 1, 2018, at 2:30p.m. in the United States Courthouse in London, Kentucky; 5. Should either party wish to brief the issue of relief to be granted and the sentence to be imposed, all briefs shall be filed by April 17, 2018; ***Adopting Report and Recommendations re 240 Report and Recommendations as to Brian Hamilton (2); Granting in part and denying in part 210 Motion to Vacate (2255). Signed by Judge Gregory F. Van Tatenhove on 3/7/2018. (RBB)cc: COR,USM,USP Civil Case 6:17-cv-00223-GFVT-REW closed.