Legal Opinion

McGahee v. United States

District Court, E.D. Pennsylvania

Decided July 17, 2008No. Criminal Action No. 03-788. Civil Action No. 07-2398PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM

BUCKWALTER, Senior District Judge.

Presently before the Court are Gary McGahee’s (“Petitioner’s”) Motion to Vacate Sentence Pursuant to 28 U.S.C. § 2255, and the Government’s Memorandum of Law in Opposition. For the reasons stated below, Petitioner’s Motion to Vacate is GRANTED.

I. BACKGROUND

A. Procedural History

On July 8, 2005, Petitioner was convicted of attempted possession of heroin with intent to distribute and conspiracy to commit robbery. He was represented at his trial by George Henry Newman. Prior to sentencing, Petitioner requested and received appointed counsel by the…

2Cases cited13 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. United States v. AgursSupreme Court of the United States · 1976
  3. United States v. SchefferSupreme Court of the United States · 1998
  4. United States v. Tyrone Anthony GrayCourt of Appeals for the Third Circuit · 1989
  5. Charles D. Lema v. United StatesCourt of Appeals for the First Circuit · 1993

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3Cited by1 opinion

  1. JOHNSON v. RANSOMDistrict Court, E.D. Pennsylvania · 2021

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