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United States v. Saeed

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


February 27, 2007

UNITED STATES OF AMERICA, PLAINTIFF,
v.
MOHKTAR SAEED, DEFENDANT.

The opinion of the court was delivered by: David G. Larimer United States District Judge

ORDER

The defendant, Mohktar Saeed ("Saeed"), moved this Court on February 26, 2007, pursuant to FED. R. CRIM. P. 32 and 28 U.S.C. § 2255, to withdraw his plea of guilty on December 15, 2004,to a one count information charging him with a violation of 7 U.S.C. § 2024(b). There being no opposition to said motion, it is hereby

ORDERED that Saeed's motion to withdraw his plea of guilty to a violation of 7 U.S.C. § 2024(b), which was entered on December 15, 2004, is hereby granted. The motion is granted based on a violation of defendant's constitutional due process rights and for a violation of the Sixth Amendment right to effective assistance of counsel; and it is further

ORDERED that the Judgment and Commitment entered on July 18, 2006 (Dkt. #30), is hereby vacated in all respects; and it is further

ORDERED that defendant be released on his own recognizance on the pending criminal charge in this Court.

IT IS SO ORDERED.

Rochester, New York

20070227

© 1992-2007 VersusLaw Inc.



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