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08-003 - Chacon v. USA

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08-003 - Chacon v. USA
December 31, 2008
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REPORT AND RECOMMENDATION re 1 Motion to Vacate under 28 U.S.C. 2255 filed by Julian Chacon - Based upon foregoing discussion of issues, evidence and testimony provided, and law, this court recommends Chacon's 2255 motion based on his claim he was deprived of effective assistance of counsel because counsel failed to file notice of appeal of 1/26/2007 order of court be DENIED; U.S. District Clerk shall serve true copy of these findings, conclusions, and recommendation on the parties; Pursuant to Title 28 USC 636(b)(1), any party who desires to object these findings, conclusions, and recommendation must serve and file written objections w/in 10 calendar days. (See Order for further specifics). (Ordered by Magistrate Judge Philip R Lane on 12/31/2008) (tmd)