Perry v. United States

Filing 21

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that the Court shall hold an evidentiary hearing on the claims set forth above on Friday, December 9, 2016, at 1:00 p.m., in Courtroom 12 South. ( Evidentiary Hearing set for 12/9/2016 01:00 PM in Courtroom 12S before District Judge Audrey G. Fleissig.) Signed by District Judge Audrey G. Fleissig on 11/23/2016. (KCB)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JOHN K. PERRY,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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Case No. 4:14-cv-00279-AGF

MEMORANDUM AND ORDER
This matter is before the Court on the motion of Petitioner John K. Perry filed under 28
U.S.C. § 2255 to vacate, set aside, or correct his sentence. Upon review of the parties’ filings,
the Court believes that material issues of fact that cannot be resolved on the record have been
raised with respect to Petitioner’s claims that defense counsel rendered ineffective assistance of
counsel during plea offer negotiations by (1) failing effectively to convey a plea offer to
Petitioner, (2) failing to advise Petitioner of the possible sentence he could face if convicted at
trial, and (3) failing to timely inform Petitioner that two of the government’s witnesses had
proffer agreements with the government.
Accordingly,
IT IS HEREBY ORDERED that the Court shall hold an evidentiary hearing on the
claims set forth above on Friday, December 9, 2016, at 1:00 p.m., in Courtroom 12 South.

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AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 23rd day of November. 2016.