Opinion
CRIMINAL ACTION 22-cr-135-2
09-26-2024
UNITED STATES OF AMERICA v. NIKEEM LEACH-HILTON, Defendant-Petitioners
ORDER
Michael M. Baylson United States District Judge
AND NOW, this 26th day of September, 2024, after considering pro se Defendant Petitioner's Motion under 28 U.S.C. §2255 to vacate, set aside, or correct sentence by a person in federal custody, ECF 129, the Government's Response, ECF 133, and Defendant-Petitioner's Reply, ECF 134, and for the reasons set forth in the separately filed memorandum opinion, it is hereby ORDERED as follows:
1. Leech-Hilton's motion under 28 U.S.C. §2255 to vacate, set aside, or correct sentence by a person in federal custody (Docket No. 129) is GRANTED as follows:
a. The motion, insofar as Leech-Hilton argues ineffective assistance of counsel due to defense counsel's failure to file a direct appeal, is GRANTED;
b. His original judgment of conviction, ECF 109, is VACATED as of September 26, 2024.
2. Leech-Hilton's judgment of conviction, ECF 109, is REINSTATED as to the identical terms as of September 26, 2024;
3. Attorney McDermott is DIRECTED to file a notice appeal on behalf of Mr. Leach-Hilton within fourteen (14) days of this order; or, if Mr. Leach-Hilton requests, this Court will appoint new counsel assuming he meets the financial criteria.
4. The clerk of court is directed to CLOSE Civil Action No. 24-1382.