Legal Opinion

Pemberton v. United States

District Court, E.D. Virginia

Decided January 9, 2019No. CRIMINAL NO. 4:17cr50-3; CIVIL NO. 4:18cv90Published

1Opinion of the Court

ROBERT G. DOUMAR, UNITED STATES DISTRICT JUDGE

*612This matter comes before the Court upon Jerrod Pemberton's ("Petitioner") pro se Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (" § 2255 Motion"). ECF No. 95. In such motion, Petitioner asks the Court to vacate his judgment of conviction and sentence on the grounds that his two convictions for brandishing a firearm under 18 U.S.C. § 924(c)(1)(A) are unlawful and that his defense counsel rendered constitutionally deficient assistance. For the reasons set forth herein, Petitioner has failed to…

2Cases cited36 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Miller-El v. CockrellSupreme Court of the United States · 2003
  3. Hill v. LockhartSupreme Court of the United States · 1985
  4. Houston v. LackSupreme Court of the United States · 1988
  5. United States v. FradySupreme Court of the United States · 1982

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