Opinion
CRIMINAL 1:19-CR-259
01-05-2024
UNITED STATES OF AMERICA v. ADIEAS JOHNSON, Defendant
ORDER
CHRISTOPHER C. CONNER, UNITED STATES DISTRICT JUDGE.
AND NOW, this 5th day of January, 2024, upon consideration of defendant Adieas Johnson's pro se motion (Doc. 429) to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255, and the government's brief (Doc. 434) in opposition, and for the reasons set forth in the accompanying memorandum of today's date, it is hereby ORDERED that:
1. Johnson's motion (Doc. 429) to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 is DENIED in part to the extent it challenges counsel's effectiveness during plea negotiations.
2. An evidentiary hearing shall commence on Wednesday, February 14, 2024, at 10:00 a.m. in Courtroom 7A, Sylvia H. Rambo United States Courthouse, 1501 North 6th Street, Harrisburg, Pennsylvania 17102. The hearing shall address the following limited issues:
a. Whether Johnson requested that his counsel file a notice of appeal after sentencing, and b. Whether counsel consulted with Johnson regarding an appeal.
3. On or before January 19, 2024, Johnson shall either: (a) have counsel enter an appearance on his behalf, (b) request appointment of a Federal Public Defender, or (c) inform the court of his desire to proceed with the hearing pro se. If Johnson wishes to be represented by a Federal Public Defender, he must file a Financial Affidavit (CJA-23) in support of his request.
4. The Clerk of Court is to serve a copy of this memorandum and order and a Financial Affidavit (CJA-23) on defendant in the above-captioned action.