McNamara v. United States

MEMORANDUM OPINION AND ORDER

PAYNE, District Judge.

Warren Harding McNamara, Jr., who was convicted of structuring financial transactions to avoid currency reporting requirements in violation of 31 U.S.C. §§ 5324(a)(3), 5322(a) and who did not appeal either his conviction or his sentence, filed a motion, pursuant to 28 U.S.C. § 2255, to vacate, set aside or correct sentence. He advances two grounds for that motion: (1) that he was denied effective assistance of counsel as guaranteed by the Sixth Amendment; and (2) that there has been an intervening change in substantive law which requires…