MEYERS v. UNITED STATES

No. 98 Civ. 969 (BDP). No. 95 Crim. 1141 (BDP).

1 F.Supp.2d 318 (1998)

Glenford Lloyd MEYERS, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, S.D. New York.

April 6, 1998.


Attorney(s) appearing for the Case

Glenford Lloyd Meyers, Fort Dix, NJ, pro se.

Kerry A. Lawrence, Asst.U.S.Atty., United States Attorney's Office, White Plains, NY, for defendant.


DECISION AND ORDER

BAER, District Judge.

By Petition docketed January 26, 1998, Petitioner moves to set aside his sentence of October 17, 1996 on the grounds that (1) under Title 8 U.S.C. § 1326(b)(2) illegal reentry following deportation for an aggravated felony was not a sentencing enhancement provision and required a separate charge and (2) that he was denied effective assistance of counsel as a consequence of counsel's failure timely to file a Notice...

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