United States v. Smith

1 Citing case

  1. United States v. Smith

    NO. 3:05-CR-432 (M.D. Pa. Aug. 14, 2013)

    In his reconsideration motion, Smith remade his arguments that his "borderline intelligence" should weigh in his favor in determining what should have been known for the purposes of newly-discovered evidence and that he was denied effective assistance of counsel. In a July 20, 2012 Memorandum and Order, the Court again found that Smith's claim of ineffective assistance of counsel was untimely and denied his reconsideration motion for neither pointing to clear error in the Court's previous decisions nor raising new arguments that were not presented before. United States v. Smith, 3:05-CR-432, 2012 WL 2979043, at *2 (M.D. Pa. Jul. 20, 2012). On November 5, 2012, Smith moved for leave to amend his ยง 2255 Motion due to newly-discovered evidence.