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U.S. v. Riley

United States District Court, N.D. Florida, Gainesville Division
Jan 10, 2008
CASE NO. 1:99-cr-00029-MP-AK (N.D. Fla. Jan. 10, 2008)

Opinion

CASE NO. 1:99-cr-00029-MP-AK.

January 10, 2008


ORDER


This matter is before the Court on Doc. 228, Mandate of the United States Court of Appeals for the Eleventh Circuit, remanding this case for the Court to conduct an evidentiary hearing. Pursuant to the mandate, an evidentiary hearing was held on Thursday, January 10, 2008. At the hearing, Defendant and the Government presented testimony regarding Defendant's claim that sentencing counsel informed the Defendant that trial counsel knew of a plea agreement tendered by the Government, but that trial counsel failed to inform Defendant about this plea deal. For the reasons stated in open court, and based on the overwhelming evidence presented by the Government, the Court finds Defendant's testimony not credible. Therefore, the Court finds that none of Defendant's attorneys rendered ineffective assistance either before, during, or after trial. Accordingly, Defendant's motion to vacate is denied.

DONE AND ORDERED.


Summaries of

U.S. v. Riley

United States District Court, N.D. Florida, Gainesville Division
Jan 10, 2008
CASE NO. 1:99-cr-00029-MP-AK (N.D. Fla. Jan. 10, 2008)
Case details for

U.S. v. Riley

Case Details

Full title:UNITED STATES OF AMERICA v. KIER ELGIN RILEY, Defendant

Court:United States District Court, N.D. Florida, Gainesville Division

Date published: Jan 10, 2008

Citations

CASE NO. 1:99-cr-00029-MP-AK (N.D. Fla. Jan. 10, 2008)