Fleming v. United States

Opinion and Order Granting Petitioner’s Motion To Vacate Sentence [36]

HON. GERSHWIN A. DRAIN, United States District Court Judge

I. INTRODUCTION

On June 9, 2008, Anthony Fleming (“Fleming” or “Petitioner”) was indicted on two counts of distributing cocaine base, 21 U.S.C. § 841. Dkt. No. 3. The Court appointed counsel for Fleming on June 10, 2008. Dkt. No. 11. On August 15, 2008, Fleming entered a guilty plea as to Count Two, which charged him with distribution of 50 of more grams of cocaine base. Dkt.-No. 19. Fleming is presently serving a sentence of 290 months as a result of the guilty plea.

P…