United States v. Moskovits

OPINION

LOUIS H. POLLAK, District Judge.

At issue today is defendant Alexander Moskovits’ motion to vacate the judgment of his conviction and sentence pursuant to 28 U.S.C. § 2255. For the reasons that follow, I conclude that there has been no abuse of the writ and that an evidentiary hearing is required to resolve issues of material fact pertaining to the merits of defendant’s petition.

I

Procedural History

In June of 1988, a jury found Moskovits guilty of conspiracy to distribute in excess of one kilogram of cocaine; four counts of possession with intent to distribute cocaine; five counts of…