Legal Opinion

Caldwell v. United States

District Court, D. Maine

Decided October 16, 2009No. Civil No. 09-438-P-H. Crim. No. 02-41-P-H-01Published

1Opinion of the Court

ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE

D. BROCK HORNBY, District Judge.

Upon de novo review, I Affirm the Magistrate Judge’s Recommended Decision to dismiss Trevis Caldwell’s motion to vacate his plea agreement, conviction, and sentence and to order an evidentiary hearing on competency. It appears plainly from the motion and the record of prior pro ceedings that Caldwell is not entitled to the relief he seeks.

I last sentenced Caldwell in July 2004 after a remand from the court of appeals to determine whether my earlier sentence should run consecutively to, or concurrently…

2Cases cited8 opinions

  1. United States v. McGillCourt of Appeals for the First Circuit · 1993
  2. David v. United StatesCourt of Appeals for the First Circuit · 1998
  3. James Barrett v. United StatesCourt of Appeals for the First Circuit · 1992
  4. George Moran v. Marvin HoganCourt of Appeals for the First Circuit · 1974
  5. Barreto-Barreto v. United StatesCourt of Appeals for the First Circuit · 2008

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