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Newland v. U.S.

United States District Court, S.D. Ohio, Eastern Division
Apr 16, 2010
CASE NO. 2:08-cv-472, CRIM. NO. 2:05-cr-111 (S.D. Ohio Apr. 16, 2010)

Opinion

CASE NO. 2:08-cv-472, CRIM. NO. 2:05-cr-111.

April 16, 2010


OPINION AND ORDER


On March 17, 2010, the Magistrate Judge issued a Report and Recommendation recommending that petitioner be appointed counsel to represent him at an evidentiary hearing on his claim that he was denied the effective assistance of counsel because his attorney advised him to proceed to trial, as he would be sentenced the same regardless of whether he pleaded guilty or proceeded to trial. The Magistrate Judge further recommended that the remainder of petitioner's claims be dismissed.

Although the parties were advised of the right to object to the Magistrate Judge's recommendations, and of the consequences of failing to do so, no objections have been filed.

The Report and Recommendation is ADOPTED and AFFIRMED. Petitioner shall be appointed counsel to represent him at an evidentiary hearing on his claim that he was denied the effective assistance of counsel because his attorney advised him to proceed to trial, as he would be sentenced the same regardless of whether he pleaded guilty or proceeded to trial. The remainder of petitioner's claim are hereby DISMISSED.

IT IS SO ORDERED.


Summaries of

Newland v. U.S.

United States District Court, S.D. Ohio, Eastern Division
Apr 16, 2010
CASE NO. 2:08-cv-472, CRIM. NO. 2:05-cr-111 (S.D. Ohio Apr. 16, 2010)
Case details for

Newland v. U.S.

Case Details

Full title:RICHARD ANTHONY NEWLAND, Petitioner, v. UNITED STATES OF AMERICA…

Court:United States District Court, S.D. Ohio, Eastern Division

Date published: Apr 16, 2010

Citations

CASE NO. 2:08-cv-472, CRIM. NO. 2:05-cr-111 (S.D. Ohio Apr. 16, 2010)