Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Franklin

United States District Court, D. Maryland

April 26, 2016

UNITED STATES OF AMERICA
v.
DWAYNE L. FRAZIER Civil No. MJG-15-1828

MEMORANDUM AND ORDER RE: § 2255 MOTION

MARVIN J. GARBIS UNITED STATES DISTRICT JUDGE

The Court has before it Petitioner's Motion to Vacate, Set Aside, or Correct Sentence [ECF No. 279]("the Motion"). The Court finds that a hearing is unnecessary.

I. BACKGROUND

On June 3, 2013, Petitioner was convicted on a plea of guilty to a charge of carjacking in violation of 18 U.S.C. § 2119(1). On the same day, the Court imposed a sentence of 144 months of incarceration pursuant to a Rule[1] 11(c)(1)(C) plea agreement. Petitioner appealed. The conviction and sentence were affirmed on June 20, 2014. United States v. Frazier, 576 F.App'x 184 (4th Cir. 2014).

By the instant Motion, timely filed, pursuant to 28 U.S.C. § 2255, Petitioner seeks to have his conviction and sentence vacated.

II. GROUNDS ASSERTED

Petitioner asserts, in addition to two grounds that had been addressed and resolved on direct appeal, [2] that:

1. The Judge participated in plea negotiations.

2. The prosecutor made threats.

3. There were Constitutional rights violations.

4. He was denied the effective assistance of counsel.

III. DISCUSSION

In the Order Re: § 2255 Motion [ECF No. 296]("the Order"), the Court required Petitioner Frazier to clarify his contentions. He did so [ECF No. 304], and the Government has filed its response to the clarification [ECF No. 312].

The Court shall address Petitioner's ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.