Monday, June 25, 2007

habeas winner

US v. Guerrero, No. 05-3299
Dismissal of defendant's motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. section 2255 is vacated and remanded where: 1) a timely, amended ineffective assistance claim was included only in an unverified memorandum, and thus failed to comply with the procedural requirements of section 2255 Rule 2(b); but 2) defendant should have an opportunity to conform his motion to Rule 2(b)'s procedural requirements.

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