United States v. Tate

RULING ON DEFENDANT’S PETITION UNDER 28 U.S.C. § 2255 AND DEFENDANT’S MOTION UNDER FED. R. CTV. P. 60(B)

STEFAN R. UNDERHILL, District Judge.

On July 12, 2001, Michael Tate pled guilty to one count of knowingly and intentionally possessing with the intent to distribute, and distributing, a mixture and substance that contained a detectable amount of cocaine base, a Schedule II controlled substance, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(C). At Tate’s change of plea hearing he affirmed that he understood the nature of the charges against him, that he received a copy of his indictment…