United States v. Phy Phong Le

ORDER ON DEFENDANT’S MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE UNDER 28 U.S.C. § 2255 BY A PERSON IN FEDERAL CUSTODY

KOVACHEVICH, District Judge.

This cause is before the Court on the following pleadings: Defendant’s Motion under 28 U.S.C. § 2255 to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody and his Memorandum of Law (Docket Nos. 243 and 244); and the Government’s Response in Opposition to Defendant’s Motion under 28 U.S.C. § 2255 (Docket No. 249).

I. BACKGROUND

Defendant and six other males took part in a robbery on July 4, 1991, during the course of which they…