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10-144 - USA v. GREENE et al

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10-144 - USA v. GREENE et al
January 20, 2016
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MEMORANDUM OPINION AND ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR on 01/20/2016; that Petitioner's Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255 (Doc. 67) is GRANTED IN PART and an evidentiary hearing will be held consistent with matters discussed herein to resolve the factual issue Petitioner raises as to the alibi defense, as explained herein. All other claims are DENIED. FURTHER ORDERED that an evidentiary hearing be held before the undersigned on March 29, 2016, at 2 p.m. in Courtroom 1, Greensboro. The government is responsible for producing Petitioner at said hearing. FURTHER ORDERED that counsel will be appointed to represent Petitioner at said hearing. FURTHER ORDERED that Petitioner's remaining claims be, and the same hereby are, dismissed. FURTHER ORDERED that Petitioner's Motion to Amend 28 U.S.C. § 2255 (Doc. 75) is DENIED. (Civil Case number: 14CV900) (Garland, Leah)