Vinson v. USA

Filing 18

ORDER re Vinson's 1 Motion to Vacate/Set Aside/Correct Sentence (2255), and Govt's 5 Response to 2255 Motion: (EVIDENTIARY HEARING set for 5/1/2019 09:00 AM in Courtroom 1, 100 Otis St, Asheville, NC 28801 bef ore District Judge Martin Reidinger); Federal Public Defender for WNC shall provide counsel to Petitioner for evidentiary hearing; and U.S. Marshal shall make arrangements to have Petitioner transported from his place of incarceration to this District. Signed by District Judge Martin Reidinger on 2/14/2019. (Pro se litigant served by US Mail.) (ejb)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:18-cv-00179-MR
(CRIMINAL CASE NO. 1:12-cr-00020-MR-5)

KEITH ARTHUR VINSON,

)
)
Petitioner,
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)
vs.
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)
UNITED STATES OF AMERICA,
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Respondent.
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________________________________ )

ORDER

THIS MATTER is before the Court on the Petitioner’s Motion under 28
U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in
Federal Custody [Doc. 1] and the Government’s Response to the Petitioner’s
Motion [Doc. 5].
In his Motion to Vacate, the Petitioner asserts two claims of ineffective
assistance of counsel. First, he claims that counsel’s representation of the
Petitioner at trial was deficient in that counsel failed to present an adequate
defense. [Doc. 1-1 at 16-19]. Second, he claims that counsel improperly
advised him about the sentence he could receive if convicted at trial and

about the possibility that the Petitioner would be convicted at trial. [Id. at 2021].
Upon review of the Petitioner’s Motion to Vacate and the Government’s
Response thereto, the Court concludes that an evidentiary hearing is
warranted on the following issues: (1) whether counsel improperly advised
the Petitioner about the sentence he could receive if convicted at trial; (2)
whether counsel improperly advised the Petitioner about the possibility that
he would be convicted at trial; and (3) whether, if advised differently, the
Petitioner would have accepted the Government’s plea offer. See Rule 8(a),
Rules Governing § 2255 Proceedings for the United States District Courts.
IT IS, THEREFORE, ORDERED as follows:
(1)

This matter is hereby scheduled for an evidentiary hearing on
May 1, 2019, at 9:00 a.m. at the United States Courthouse in
Asheville, North Carolina;

(2)

The Federal Public Defender for the Western District of North
Carolina shall provide counsel to the Petitioner for the evidentiary
hearing; and

(5)

The United States Marshal shall make arrangements to have the
Petitioner transported from his place of incarceration to this
District.

The United States Marshal shall ensure that the
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Petitioner arrives in this District sufficiently in advance of the
hearing date so that he may be afforded adequate opportunity to
confer with counsel in preparation for the hearing.
The Clerk of Court is directed to provide a copy of this Order to the
Petitioner, the Federal Public Defender for the Western District of North
Carolina, counsel for the Government, the United States Marshals Service,
and the Bureau of Prisons.
IT IS SO ORDERED.
Signed: February 14, 2019

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