BAILEY v. USA

BAILEY v. USA

Petitioner:	RODERICK F. BAILEY
Respondent:	USA
Case Number:	2:2008cv00109
Filed:	January 25, 2008
Court:	US District Court for the Western District of Pennsylvania
Office:	Pittsburgh Office
County:	Allegheny
Presiding Judge:	David S. Cercone
Nature of Suit:	Prisoner: Vacate Sentence
Cause of Action:	28 U.S.C. § 2255 Motion to Vacate Sentence
Jury Demanded By:	None

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Date Filed	Document Text
November 19, 2010	Filing 2 MEMORANDUM OPINION AND ORDER re 1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by RODERICK F. BAILEY. IT IS HEREBY ORDERED that the motion is DENIED with regard to Baily's claim that he was denied effective assistance when counsel allegedly induced him to enter a plea of guilty based upon an erroneous sentencing prediction. With regard to his claim that he was denied effective assistance when counsel declined to pursue an appeal as Bailey requested after his sentencing heari ng, this Court shall appoint counsel for Bailey and hold an evidentiary hearing to resolve any and all factual disputes arising from such claim. A hearing shall be scheduled after counsel is appointed for Mr. Bailey. Signed by Judge David S. Cercone on 11/19/10. (jmc)

Date Filed

Document Text

November 19, 2010

Filing 2 MEMORANDUM OPINION AND ORDER re 1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by RODERICK F. BAILEY. IT IS HEREBY ORDERED that the motion is DENIED with regard to Baily's claim that he was denied effective assistance when counsel allegedly induced him to enter a plea of guilty based upon an erroneous sentencing prediction. With regard to his claim that he was denied effective assistance when counsel declined to pursue an appeal as Bailey requested after his sentencing heari ng, this Court shall appoint counsel for Bailey and hold an evidentiary hearing to resolve any and all factual disputes arising from such claim. A hearing shall be scheduled after counsel is appointed for Mr. Bailey. Signed by Judge David S. Cercone on 11/19/10. (jmc)

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Respondent: USA
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Petitioner: RODERICK F. BAILEY
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