Gerry v. United States

MEMORANDUM OF DECISION AND ORDER DENYING MOTION TO VACATE SENTENCE

GENE CARTER, Chief Judge.

Now before the Court is Petitioner’s motion, pursuant to 28 U.S.C. § 2255, to vacate the sentence imposed upon him in this Court for his conviction on a charge of manufacturing methamphetamines. Petitioner claims that he was denied due process and effective assistance of counsel at his sentencing, and that the Court improperly levied a fine against him without determining whether Petitioner had the ability to pay. For the reasons that follow, the Court denies the motion without a hearing.

BACKGROUND

Petiti…