Yanovitch v. United States

MEMORANDUM AND ORDER

YOUNG, District Judge.

This matter comes before the Court upon the petition of Gerard Yanovitch (“Yanovitch”) for habeas corpus pursuant to 28 U.S.C. § 2255. The facts below were established at trial:

Following an altercation occurring outside a bar in South Boston, Yanovitch fired several pistol shots at Robert Viens, wounding him twice. Yanovitch and co-defendant Brian Smith (“Smith”) were indicted on January 24, 1995 under 18 U.S.C. § 922(g)(1) for being felons-in-possession of a firearm (Count One), and being felons-in-possession of ammunition (Count Two). At trial,…