Elliot v. United States

MEMORANDUM

KANE, District Judge.

Presently pending before the Court is Petitioner Thomas Elliot’s motion to vacate, ' set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. (Doc. No. 56.) For the reasons that follow, the Court will deny the motion in part, and grant Petitioner an evidentiary hearing.

I. BACKGROUND

In October 2011, a grand jury indicted Petitioner on one count of possession with intent to distribute crack cocaine in violation of 21 U.S.C. § 841(a)(1). (Doc. No. 1.) In March 2012, the Court accepted Petitioner’s guilty plea on the charge. (Doc. No. 35.) Petitioner was…