U.S. v. WATTS

Cr. No. S-93-086 WBS. Civ. No. S-98-0165 WBS.

29 F.Supp.2d 657 (1998)

UNITED STATES of America, Plaintiff, v. Vernon Leon WATTS, Defendant.

United States District Court, E.D. California.

December 7, 1998.


Attorney(s) appearing for the Case

Jodi Beth Rafkin, U.S. Attorney, Sacramento, CA, for U.S.

Sandra Gillies, Law Offices of Sandra Gillies, Woodland, CA, for Defendant.


MEMORANDUM AND ORDER

SHUBB, Chief Judge.

Watts moves the court to vacate, set aside or correct his sentence under 28 U.S.C. § 2255. He contends trial counsel rendered constitutionally ineffective assistance at sentencing by failing to argue a distinction in the applicable Sentencing Guidelines between "crack" cocaine and other forms of cocaine. For the reasons discussed below, the court denies the motion.

BACKGROUND

In...

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