ZWICK v. U.S.A.

ZWICK v. U.S.A.

Plaintiff:	JAMES RAYMOND ZWICK
Defendant:	U.S.A.
Case Number:	2:2010cv01449
Filed:	November 1, 2010
Court:	US District Court for the Western District of Pennsylvania
Office:	Pittsburgh Office
County:	Allegheny
Presiding Judge:	Nora Barry Fischer
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
February 14, 2011	Filing 1 MEMORANDUM OPINION as to JAMES RAYMOND ZWICK indicating that, for reasons stated more fully within, Defendant's motion to vacate is denied as he has failed to raise colorable § 2255 claims alleging a due process violation or ineffective ass istance of counsel. However, to the extent that Defendants due process claim is more properly construed as a challenge to the execution of his sentence by the Bureau of Prisons, i.e., a claim that his sentence was improperly calculated by the Bureau of Prisons under 18 U.S.C. § 3585, said claim dismissed, without prejudice. An appropriate Order follows. Signed by Judge Nora Barry Fischer on 2/14/11. (jg)

Date Filed

Document Text

February 14, 2011

Filing 1 MEMORANDUM OPINION as to JAMES RAYMOND ZWICK indicating that, for reasons stated more fully within, Defendant's motion to vacate is denied as he has failed to raise colorable § 2255 claims alleging a due process violation or ineffective ass istance of counsel. However, to the extent that Defendants due process claim is more properly construed as a challenge to the execution of his sentence by the Bureau of Prisons, i.e., a claim that his sentence was improperly calculated by the Bureau of Prisons under 18 U.S.C. § 3585, said claim dismissed, without prejudice. An appropriate Order follows. Signed by Judge Nora Barry Fischer on 2/14/11. (jg)

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Plaintiff: JAMES RAYMOND ZWICK
Represented By:	Frank Arcuri
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Defendant: U.S.A.
Represented By:	Almon S. Burke, Jr.
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