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07-3548 - Williams v. USA


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07-3548 - Williams v. USA
January 29, 2008
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Memorandum Opinion re 1 Motion Pursuant to 28 USC 2255 filed by Brian D. Williams. The petitioner-defendant's pro se request for relief based on the claim that the Court lacked jurisdiction is without merit. The additional claim that the Court erred in determining jurisdiction is without merit. The claim that his prosecution was in violation of his rights in the context of double jeopardy is without merit. The claim that the petitioner-defendant received ineffective assistance of counsel from his appointed lawyer, George Pappas, requires further examination. The government is directed to file a response to the petitioner's remaining claims of the denial of the effective assistance of counsel by Thursday, February 28, 2008. In the event the petitioner wishes to file a response to the government's brief, the petitioner shall have 45 days after the response of the government to file a reply in support of habeas relief. The transcripts of the hearing of Friday, July 28, 2006, and the sentencing hearing of November 9, 2006, shall be filed with the Clerk. Copies of the transcripts shall be forwarded to the petitioner. Signed by Judge David D. Dowd, Jr on 1/29/2008. (A copy of this order was mailed to Brian Williams as directed). (M,De). Modified text on 1/30/2008 (B,IE).
May 30, 2008
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Memorandum Opinion and Order regarding 1 Motion Pursuant to 28 USC 2255 filed by Brian D. Williams. The petitioner's pro se claim that he is entitled to relief from his conviction and sentence is without merit. As indicated, no evidentiary hearing is necessary. The Court will publish a separate order denying the petitioner's claim. The Court will also indicate that there is no basis for the granting of a certificate of appealability. Signed by Judge David D. Dowd, Jr on 5/30/2008. (Attachments: # (1) Appendix I) (M,De)