Legal Opinion
United States v. Henson
District Court, M.D. Pennsylvania
Decided September 30, 1996No. Civil No. 3:96-CV-0572; Crim. No. 92-295Published
1Opinion of the Court
MEMORANDUM AND ORDER
NEALON, District Judge.
In this civil action brought pursuant to 28 U.S.C. § 2255, petitioner Homer Bobby Henson seeks to have his sentence vacated. On August 6, 1996, the court requested that the parties submit briefs addressing whether an evidentiary hearing was required on the issues of voluntariness of petitioner’s plea and the effectiveness of his counsel. The parties have briefed the issues and the matter is now ripe. For the reasons that follow, the court will deny the holding of an evidentiary hearing and will reconsider the original sentence imposed on Henson.
Proced…
2Cases cited19 opinions
- Hill v. LockhartSupreme Court of the United States · 1985
- Murray v. CarrierSupreme Court of the United States · 1986
- McMann v. RichardsonSupreme Court of the United States · 1970
- Bailey v. United StatesSupreme Court of the United States · 1995
- Government of the Virgin Islands v. Forte, FrederickCourt of Appeals for the Third Circuit · 1989
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