IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
April 4, 2012
UNITED STATES OF AMERICA
The opinion of the court was delivered by: Baylson, J.
MEMORANDUM RE § 2255 PETITION
The Defendant has filed a Motion for Post-Conviction Relief under 18 U.S.C. § 2255 (ECF No. 151), principally alleging that his counsel at trial, Dennis Caglia, Esquire, was ineffective and deprived him of his constitutionally guaranteed right to competent counsel.
The Defendant was convicted of three counts (Count Nos. 3, 4 and 5), including charges of conspiracy to commit, and commission of, interference of interstate commerce by armed robbery, and using and carrying a firearm during a crime of violence. Because of his extensive criminal record, Hudgins received a sentence of 384 months in custody. Defendant was acquitted of several other counts at the trial.
The Defendant's conviction was upheld by the Third Circuit. See 338 Fed. Appendix 150 (3d Cir. 2009), which opinion sets forth in the basic facts underlying the counts of conviction. The grounds raised on appeal were whether the Court improperly denied a severance and whether the sentence was unreasonable. The Defendant's Petition for Certiorari with the United States Supreme Court was denied, and this timely Petition was filed on August 24, 2011.
Hudgins contends that counsel provided ineffective assistance because he: (1) failed to order a full transcript of the trial; (2) failed to file a motion seeking dismissal of Count Four,
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