Bacon v. USA

Filing 58

MEMORANDUM DECISION AND ORDER denying 57 Motion to Alter Judgment; denying 57 Motion to Amend Judgment. Signed by Judge David Nuffer on 7/9/18 (alt)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
MICHAEL ALEXANDER BACON,
Petitioner,

MEMORANDUM DECISION AND
ORDER DENYING MOTION TO
ALTER OR AMEND JUDGMENT

v.
Case No. 2:16-cv-00724
UNITED STATES OF AMERICA,
District Judge David Nuffer
Respondent.
Petitioner Michael Alexander Bacon seeks to alter or amend 1 the Memorandum Decision
and Order Granting in Part and Denying and Dismissing in Part § 2255 Motion (“Memorandum
Decision”). 2 He argues the Memorandum Decision inaccurately reflects the record regarding the
leave he requested, and was granted, to supplement his reply memorandum with transcripts from
two hearings in his underlying criminal case. 3 This argument lacks merit—the Memorandum
Decision accurately reflects the record. 4
Mr. Bacon also states his disagreement with the Memorandum Decision’s findings and
conclusions regarding his ineffective assistance of counsel claim, and the knowing and voluntary
nature of his collateral review waiver and guilty pleas. 5 In doing so, Mr. Bacon reasserts prior

1

Motion to Alter or Amend a Judgment (“Motion”), docket no. 57, filed July 5, 2018.

2

Docket no. 52, filed June 5, 2018.

3

Motion at 1-7.

4

Memorandum Decision at 10-11.

5

Motion at 3-7.

arguments, which were rejected. 6 The Memorandum Decision’s findings and conclusions will
not be reconsidered. Therefore,
IT IS HEREBY ORDERED that Mr. Bacon’s Motion 7 is DENIED.
Signed July 9, 2018.
BY THE COURT

________________________________________
District Judge David Nuffer

6

Memorandum Decision at 8-19

7

Docket no. 57, filed July 5, 2018.

2