Bolzer v. United States

UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA WESTERN DIVISION TOBY BOLZER, 5:20-CV-05044-KES Petitioner, ORDER ADOPTING REPORT AND vs. RECOMMENDATION AND DISMISSING PETITIONER’S 28 U.S.C. UNITED STATES OF AMERICA, § 2255 MOTION Respondent. Petitioner, Toby Bolzer, filed a motion to vacate, correct, or set aside his sentence under

28 U.S.C. § 2255.1

Docket 1. Bolzer was convicted of second- degree murder in violation of

18 U.S.C. §§ 1111

and 1153 and use of a firearm during the commission of a crime of violence in violation of 18 U.S.C. § 924(c). CR Docket 95. In United States v. Davis,

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