Morgan v. USA

Morgan v. USA

Petitioner:	Wayne C. Morgan
Respondent:	USA
Case Number:	1:2008cv00927
Filed:	January 28, 2008
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	New York
Presiding Judge:	Thomas P. Griesa
Nature of Suit:	Prisoner: Vacate Sentence
Cause of Action:	28 U.S.C. § 2255 Motion to Vacate / Correct Illegal Sentenc
Jury Demanded By:	None

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Date Filed	Document Text
December 2, 2010	Filing 5 OPINION: Pro se petition Wayne Morgan was convicted of being an alien found in the United States without permission after deportation and was sentenced to 74 months imprisonment. Morgan now moves pursuant to 28 U.S.C. Section 2255 to vacate, set asid e, or correct his sentence on the grounds that (1) he was denied effective assistance of counsel, (2) his prior New York conviction for attempted murder should not have been treated as an aggravated felony for purposes of sentencing, and (3) the cour t misapplied the Sentencing Guidelines in failing to give him full credit for the undischarged portion of his New York state prison term. The Government has answered, opposing the motion. The motion is denied and dismissed....[See Opinion]... The Section 2255 motion is denied and dismissed as moot. SO ORDERED. (Signed by Judge Thomas P. Griesa on 12/2/2010); Also docketed in related Criminal Case 01-cr-98(TPG). (bw)

Date Filed

Document Text

December 2, 2010

Filing 5 OPINION: Pro se petition Wayne Morgan was convicted of being an alien found in the United States without permission after deportation and was sentenced to 74 months imprisonment. Morgan now moves pursuant to 28 U.S.C. Section 2255 to vacate, set asid e, or correct his sentence on the grounds that (1) he was denied effective assistance of counsel, (2) his prior New York conviction for attempted murder should not have been treated as an aggravated felony for purposes of sentencing, and (3) the cour t misapplied the Sentencing Guidelines in failing to give him full credit for the undischarged portion of his New York state prison term. The Government has answered, opposing the motion. The motion is denied and dismissed....[See Opinion]... The Section 2255 motion is denied and dismissed as moot. SO ORDERED. (Signed by Judge Thomas P. Griesa on 12/2/2010); Also docketed in related Criminal Case 01-cr-98(TPG). (bw)

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Petitioner: Wayne C. Morgan
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