Legal Opinion

United States v. Kim Hong Thi Le

District Court, D. North Dakota

Decided June 9, 2008No. 1:05-mc-00002Published

1Opinion of the Court

ORDER DENYING DEFENDANT’S 28 U.S.C. § 2255 MOTION TO WITHDRAW GUILTY PLEA

DANIEL L. HOVLAND, Chief Judge.

Before the Court is the Defendant’s Petition under “28 U.S.C. § 2255 to Withdraw Guilty Plea,” filed on November 30, 2007. See Docket No. 83. On December 5, 2007, after an initial review of the motion, the Court ordered the Government to file a response. See Docket No. 86. On February 12, 2008, the Government filed a response requesting that the Court deny the Defendant’s motion. See Docket No. 87. For the reasons set forth below, the motion is denied.

I. BACKGROUND

On January 13, 2005, the…

2Cases cited14 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. United States v. John Robert AndisCourt of Appeals for the Eighth Circuit · 2003
  3. Aaron M. Deroo v. United StatesCourt of Appeals for the Eighth Circuit · 2000
  4. Vietchau Nguyen v. United StatesCourt of Appeals for the Eighth Circuit · 1997
  5. Johnnie Tasby v. United StatesCourt of Appeals for the Eighth Circuit · 1975

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