Pitcher v. United States

MEMORANDUM AND ORDER

TRAGER, District Judge.

Douglas Pitcher petitions this court, pursuant to 28 U.S.C. § 2255, to vacate a 121-month sentence and substitute a sentence of time served, on the ground that he would have received a significantly shorter sentence had he not been seriously misinformed by his defense counsel about the benefits of cooperation and the risks of trial. Although the former claim is rejected, the latter claim has merit, and, accordingly, the petition is granted.

Background(1)

In late 1997 petitioner, then 23 years old, was dealing in marijuana while residing in New Jersey.…