Maxwell v. USA

Maxwell v. USA

Petitioner:	Lazelle Maxwell
Respondent:	USA
Case Number:	2:2012cv07223
Filed:	June 18, 2012
Court:	US District Court for the Eastern District of Kentucky
Office:	Covington Office
County:	Kenton
Presiding Judge:	Robert E. Wier
Presiding Judge:	Danny C. Reeves
Nature of Suit:	Motions to Vacate Sentence
Cause of Action:	28 U.S.C. § 2255
Jury Demanded By:	None

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Date Filed	Document Text
June 4, 2013	Filing 1 MEMORANDUM OPINION & ORDER as to Lazelle Maxwell: 1) The Recommended Disposition of Mag Judge Wier [Cov. Cr. 09-33, Doc 264] is ADOPTED and INCORPORATED by reference. 2) Def Maxwell's motion to vacate, set aside, or correct his sentence [Cov. C r. 09-33, Doc. 244 is DENIED]. 3) Maxwell's objections to the Recommended Disposition [Cov. Cr. 09-33 Doc. 268] are OVERRULED. 4) The United States' objections to the Recommended Disposition [Cov. Cr. 09-33, Doc. 265] are OVERRULED. 5) This habeas proceeding is DISMISSED and STRICKEN from the docket. 6) A Certificate of Appealability shall issue re Maxwell's second claim. The issue that is certified is "whether Maxwell's trial counsel erred under Strickland v. Washington, by failing to challenge the charges against Maxwell in Counts One and Two of the Superseding Indictment as multiplicitous. Signed by Judge Danny C. Reeves on 6/4/2013. (TJZ)cc: COR,USM,USP, Lazelle Maxwell re US Mail

Date Filed

Document Text

June 4, 2013

Filing 1 MEMORANDUM OPINION & ORDER as to Lazelle Maxwell: 1) The Recommended Disposition of Mag Judge Wier [Cov. Cr. 09-33, Doc 264] is ADOPTED and INCORPORATED by reference. 2) Def Maxwell's motion to vacate, set aside, or correct his sentence [Cov. C r. 09-33, Doc. 244 is DENIED]. 3) Maxwell's objections to the Recommended Disposition [Cov. Cr. 09-33 Doc. 268] are OVERRULED. 4) The United States' objections to the Recommended Disposition [Cov. Cr. 09-33, Doc. 265] are OVERRULED. 5) This habeas proceeding is DISMISSED and STRICKEN from the docket. 6) A Certificate of Appealability shall issue re Maxwell's second claim. The issue that is certified is "whether Maxwell's trial counsel erred under Strickland v. Washington, by failing to challenge the charges against Maxwell in Counts One and Two of the Superseding Indictment as multiplicitous. Signed by Judge Danny C. Reeves on 6/4/2013. (TJZ)cc: COR,USM,USP, Lazelle Maxwell re US Mail

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Petitioner: Lazelle Maxwell
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