Legal Opinion

Diani v. United States

District Court, E.D. Missouri

Decided July 21, 2025No. 4:24-cv-01480Unknown

1Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION STEPHEN DIANI, ) ) Petitioner, ) ) v. ) Case No. 4:24-cv-01480-SRC ) UNITED STATES OF AMERICA, ) ) Respondent. ) Memorandum and Order Stephen Diani asks the Court to set aside, correct, or vacate his sentence under 28 U.S.C. § 2255. He makes four arguments: that he suffered from ineffective assistance of counsel during plea negotiations, that the United States charged him under an unconstitutional statute, that the statute under which he was convicted is unconstitutional, and that the Court erroneously applied the…

2Cases cited30 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Hill v. LockhartSupreme Court of the United States · 1985
  3. Charles Richard Stone v. Rick Harry Anita Schlank Deborah Konieska Rhonda Heskin Amy Anderson Lori Parkos Jim LindCourt of Appeals for the Eighth Circuit · 2004
  4. Massaro v. United StatesSupreme Court of the United States · 2003
  5. James Solomon v. Deputy U.S. Marshal ThomasCourt of Appeals for the Eighth Circuit · 2015

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