Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Smith v. United States

December 15, 2006

MATICIA SMITH, PETITIONER,
v.
UNITED STATES OF AMERICA, RESPONDENTS.



The opinion of the court was delivered by: James L. Graham United States District Judge

Magistrate Judge Abel

OPINION AND ORDER

On October 25, 2006, the Magistrate Judge issued a Report and Recommendation recommending that claim two be dismissed and that petitioner be appointed counsel for an evidentiary hearing to determine whether equitable tolling of the statute of limitations is appropriate, and whether appellate counsel acted unreasonably in failing to pursue a claim under Blakely v. Washington, 542 U.S. 296 (2004). See Doc. No. 110. Although the parties were specifically informed of their right to object to the Report and Recommendation, and of the consequences of their failure to do so, there has nevertheless been no objection to the Report and Recommendation.

The Report and Recommendation is ADOPTED AND AFFIRMED. Claim two is DISMISSED. Petitioner is to be appointed counsel for an evidentiary hearing on the issue of whether equitable tolling of the statute of limitations is appropriate, and whether appellate counsel acted unreasonably in failing to pursue a Blakely claim. Respondent is to provide supplemental briefing on petitioner's claim that her sentence violated Blakely.*fn1

IT IS SO ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.