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09-cv-2004

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Case Summary: Arnold v. United States of America, 09-cv-2004, (W.D. Tenn.)

On January 6, 2009, defendant Joseph Arnold, an inmate at the Federal Correctional Institution in Memphis, Tennessee, filed a motion under 28 U.S.C. § 2255, asserting that his trial counsel rendered ineffective assistance in violation of the Sixth Amendment. A federal magistrate judge conducted a hearing on defendant's motion on July 15, 2010 and August 27, 2010.

On April 18, 2011, the magistrate judge issued a Report and Recommendation, recommending that defendant's sentence be vacated based on three errors made by trial counsel. The government filed objections, and defendant filed a response. On October 17, 2011, the court held a de novo evidentiary hearing. Subsequently, the government and defendant filed post-hearing briefs. On March 30, 2012, the court issued an order declining to adopt the magistrate judge's Report and Recommendation and denying defendant's motion. The court also certified for appeal two of the issues raised by defendant.

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Case Highlights

  • Petition to Vacate Sentence pursuant to 28 U.S.C. 2255 (filed 1/6/09)
  • Evidentiary Hearing on 10/17/2011
  • Post-hearing briefing

 

Case-related documents, including those referenced above, are available via the Public Access to Court Electronic Records (PACER) service. For more information, visit Pacer.gov.