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Dwaine Wright v. United States of America

October 13, 2011

DWAINE WRIGHT, PETITIONER,
v.
UNITED STATES OF AMERICA, RESPONDENT.



The opinion of the court was delivered by: District Judge Thomas M. Rose

Magistrate Judge Sharon Ovington

ENTRY AND ORDER ADO PTING REPORT AND RECOMMENDATIONS OF THE MAGISTRATE JUDGE (DOC. 156), OVERRULING DEFENDANT'S OBJECTIONS (DOC. 160), DENYING PETITIONER DWAINE WRIGHT'S MOTION TO VACATE, SET ASIDE OR CORRECT SENTENCE (CASE NO. 3:04-CR-003, DOC. 145) AND GRANTING RESPONDENT UNITED STATES' MOTION TO DISMISS (DOC. 152), EXCEPT AS TO THE ALLEGATION OF INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL RELATIVE TO THE UNITED STATES' PLEA OFFER. IT IS FURTHER ORDERED THAT: COUNSEL BE APPOINTED TO REPRESENT PETITIONER AS TO THE NARROW ISSUE REGARDING THE ALLEGATION OF INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL RELATIVE TO THE UNITED STATES' PLEA OFFER, AND THAT AN EVIDENTIARY HEARING HELD IN ACCORDANCE WITH 28 U.S.C. § 2255(b) and (g).

This matter comes before the Court pursuant to Objections (Doc. 160) to the Report and Recommendations of Magistrate Judge Sharon Ovington (Doc.156) recommending that the United States' motion to dismiss, (Doc. 152) be granted.

The Court has reviewed the findings of the Magistrate Judge and, pursuant to 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), this Court has made a de novo review of the record in this case. Upon consideration of the foregoing, the Court finds the Objections (Doc. 160) are not well-taken and are hereby OVERRULED.

The Court ADOPTS the Report and Recommendations (Doc. 156) in it's entirety. Petitioner Dwaine Wright's motion to vacate, set aside or correct sentence (Case No. 3:04-cr-003, Doc. 145) is DENIED and Respondent United States' corresponding motion to dismiss (Doc. 152) is GRANTED, except as to the allegation of ineffective assistance of trial counsel relative to the United States' plea offer. It is further ORDERED that Counsel be appointed to represent Petitioner as to the narrow issue regarding the allegation of ineffective assistance of trial counsel relative to the United States' plea offer, and that an evidentiary hearing will be held in accordance with 28 U.S.C. § 2255(b) and (g).

THOMAS M. ROSE UNITED STATES DISTRICT JUDGE

20111013

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