Legal Opinion

Rugiero v. United States

District Court, E.D. Michigan

Decided August 19, 2004No. CRIM. 90-80941-01. No. CIV. 96-40376PublishedCited by 11 opinions

1Opinion of the Court

OPINION AND ORDER (1) OVERRULING THE GOVERNMENT’S OBJECTIONS, (2) ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION, AND (3) GRANTING PETITIONER’S MOTION TO VACATE SENTENCE

GADOLA, District Judge.

Before the Court is Petitioner’s motion to vacate his sentence pursuant to 28 U.S.C. § 2255. The thrust of Petitioner’s § 2255 motion is that, in violation of the Sixth Amendment, his former counsel, N.C. Deday LaRene, had a personal interest conflict that adversely affected LaR-ene’s representation of Petitioner: LaRene was the subject of a federal investigation during the pretrial and trial…

2Cases cited24 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Brady v. MarylandSupreme Court of the United States · 1963
  3. Cuyler v. SullivanSupreme Court of the United States · 1980
  4. Holloway v. ArkansasSupreme Court of the United States · 1978
  5. Mickens v. TaylorSupreme Court of the United States · 2002

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3Cited by11 opinions

  1. State v. CottleSupreme Court of New Jersey · 2008
  2. United States v. HaleNavy-Marine Corps Court of Criminal Appeals · 2017
  3. Chester v. Commissioner of Pennsylvania Department of CorrectionsCourt of Appeals for the Third Circuit · 2015
  4. Daly v. BurtDistrict Court, E.D. Michigan · 2009
  5. Broady (Davis) v. Memphis Area Transit AuthorityDistrict Court, W.D. Tennessee · 2023

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