Legal Opinion

Randle v. United States

District Court, E.D. Pennsylvania

Decided July 8, 2013No. Criminal Action No. 07-667; Civil Action No. 11-5012PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM

ANITA B. BRODY, District Judge.

On August 5, 2011, Jermaine Randle filed a habeas corpus petition under 28 U.S.C. § 2255 seeking to vacate or set aside his sentence based on Sixth Amendments claims of ineffective assistance of counsel. Because I find that Randle’s counsel at the time of the Change of Plea and Sentencing hearing (“primary coun*343sel”) was ineffective when she failed to object to, move to withdraw or appeal his illegal sentence under Federal Rule of Criminal Procedure 11(c)(1)(C), I will grant his § 2255 motion to vacate his sentence and guilty plea.

I. BACKGROUND

On…

2Cases cited26 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. United States v. BookerSupreme Court of the United States · 2004
  3. Boykin v. AlabamaSupreme Court of the United States · 1969
  4. Pace v. DiGuglielmoSupreme Court of the United States · 2005
  5. Padilla v. KentuckySupreme Court of the United States · 2010

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3Cited by3 opinions

  1. Pelzer v. Superintendent Lawrence Mahally & Pa Attorney Gen.District Court, M.D. Pennsylvania · 2019
  2. Hopersberger v. Acting Commissioner of Social SecurityDistrict Court, M.D. Pennsylvania · 2023
  3. VILLAR v. United StatesDistrict Court, W.D. Pennsylvania · 2024

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