SMITH v. U.S.

Case Nos. 3:10CR6, 3:12CV1964.

980 F.Supp.2d 854 (2013)

Darrick SMITH, Petitioner v. UNITED STATES of America, Respondent.

United States District Court, N.D. Ohio, Western Division.

October 22, 2013.


Attorney(s) appearing for the Case

Amy B. Cleary , Office of the Federal Public Defender, Cleveland, OH, Andrew P. Hart , Office of the Federal Public Defender, Toledo, OH, for Petitioner.

Matthew C. Spaulding , Thomas P. Weldon , Office of the U.S. Attorney, Toledo, OH, for Respondent.


ORDER

JAMES G. CARR, Senior District Judge.

In 2010, a jury convicted petitioner Darrick Smith of being a felon in possession of a firearm, and I sentenced him to sixty-three months' imprisonment. Petitioner now seeks relief under 28 U.S.C. § 2255, alleging trial counsel was ineffective and the government's closing argument was improper. (Doc. 72).

For the following reasons, I grant petitioner's § 2255 motion in part and deny it in part...

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