Opinion
CRIMINAL ACTION 05-440-08
03-10-2022
UNITED STATES OF AMERICA v. TIMOTHY BAUKMAN
ORDER
R. BARCLAY SURRICK, J.
AND NOW, this 10th day of March 2022, upon consideration of Defendant Timothy Baukman's Habeas Corpus Motion Under 28 U.S.C. § 2255 To Vacate, Set Aside, Or Correct Sentence By A Person In Federal Custody (ECF No. 1682), and all papers and exhibits submitted in support thereof and in opposition thereto, it is ORDERED as follows:
A. Defendant's Motion is GRANTED with respect to his request for an evidentiary hearing as to whether counsel was ineffective by allegedly failing to inform Defendant of his possible sentences and ability to enter a plea of guilty.
B. Defendant's Motion is GRANTED with respect to his request for an evidentiary hearing as to whether counsel's decision not to introduce the film Menace into evidence was ineffective assistance of counsel.
C. Defendant's Motion is DENIED with respect to all other requests.
IT IS SO ORDERED. 1