Benitez v. United States of America
| Peter Benitez |
| United States of America |
| 2:2008cv00956 |
| December 22, 2008 |
| US District Court for the Middle District of Florida |
| Prisoner: Vacate Sentence Office |
| Lee |
| Douglas N. Frazier |
| Unassigned Judge |
| None |
| U.S. Government Defendant |
| 28:2255 Motion to Vacate Sentence |
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Filing
15
OPINION AND ORDER adopting and specifically incorporating 14 Report and Recommendations; dismissing in part and denying in part 1 Motion to vacate, set aside, or correct sentence (2255). The Motion is dismissed as to the first two issues and is denied as to the claim of ineffective assistance of counsel. The Clerk shall enter judgment accordingly, file a copy of the judgment in the associated criminal file (Case No. 2:96-cr-14), and close the file. Signed by Judge John E. Steele on 12/1/2009. (RKM)
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Filing
14
REPORT AND RECOMMENDATION recommending that the issue of ineffective assistance of counsel in the 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) be denied. Signed by Magistrate Judge Douglas N. Frazier on 11/10/2009. (brh)
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Filing
7
OPINION AND ORDER taking under advisement 1 Motion to vacate, set aside, or correct sentence (2255); directing the Clerk to appoint the next available attorney from the CJA Panel, not the Federal Public Defender's Office, to represent petition er. The Clerk shall add Mr. Benitez's current address to the docket and send him a copy of this Opinion and Order. Petitioner and his new counsel shall confer and determine whether petitioner wishes to pursue the lack of a direct appeal from th e supervised release violation as an issue in this § 2255 motion. If so, counsel shall advise the Court within 30 days of the date of this Opinion and order. See Opinion and Order for details. Signed by Judge John E. Steele on 8/13/2009. (RKM)
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| Plaintiff: Peter Benitez | |
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| Defendant: United States of America | |
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