UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
February 27, 2007
UNITED STATES OF AMERICA, PLAINTIFF,
MOHKTAR SAEED, DEFENDANT.
The opinion of the court was delivered by: David G. Larimer United States District Judge
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
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