United States v. Eli

OPINION

PAUL L. FRIEDMAN, District Judge.

Defendant Alfred Eli has filed a motion to vacate, set aside or correct his sentence under 28 U.S.C. § 2255. He contends that his court appointed counsel was constitutionally ineffective during the plea proceedings and at sentencing in this case. Defendant also has filed two motions raising issues based on the Supreme Court’s decision in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). After the Court appointed new counsel for Mr. Eli, the parties appeared before the Court for an evidentiary hearing and for argument on…