Smith v. United States

THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH MARLON A. SMITH, MEMORANDUM DECISION AND ORDER DENYING IN PART AND Petitioner, GRANTING IN PART DEFENDANT’S MOTION TO ALTER vs. OR AMEND A JUDGMENT UNITED STATES OF AMERICA, Case No. 2:21-cv-0081-DN Respondent. District Judge David Nuffer Petitioner Marlon A. Smith (“Smith”) filed an Amended Petition1 to vacate his conviction pursuant to 28 U.S.C. § 2255. On August 13, 2021, Smith’s Amended Petition was denied by a Memorandum Decision and Order (“Order”).2 Smith timely filed a Motion to Alter or Amend a Judgment (“Motion”)3. For the following…