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07-1320 - Davila v. United States of America


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07-1320 - Davila v. United States of America
March 31, 2008
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MEMORANDUM, ORDER and JUDGMENT, the motion to vacate the sentence pursuant to 28 USC sec. 2255 is denied in part. On consent of the gov't, it is granted in part. Davila's trial counsel was not ineffective in advising him about the plea agreement or in reviewing the PSR. He was competent throughout the trial proceedings and knowingly and voluntarily plead guilty to the indictment. Counsel was ineffective in failing to perfect an appeal. Davila's appeal to the Court of Appeals for the 2nd Cir. is reinstated on consent. Habeas counsel is directed to assist Davila in perfecting the appeal. The court grants Davila 20 days to file a notice of appeal. A certificate of appeal ability from this memorandum, order and judgment is denied. No constitutional error other than counsel's failure in perfecting the appeal has been shown. (Ordered by Senior Judge Jack B. Weinstein on 3/18/08) c/m by Chambers. (Galeano, Sonia)