Richard L. Bujese v. United States

OPINION OF THE COURT

We deem it necessary to remand this case to the District Court for purposes of holding a hearing. If the District Court finds that Bujese did not, of his own volition, knowingly and intelligently execute the election not to serve his sentence, realizing the effects of such waiver, then the application to reduce his sentence under 28 U.S.C. § 2255 should be granted.

If the District Court finds to the contrary, it may, if it deems it appropriate under all the circumstances, proceed to determine whether it would be “just and practicable”, in its opinion, to give retroactive…