Wimer v. USA

Filing 9

REPORT AND RECOMMENDATION: It is the opinion of this Court that the Magistrate Judge's January6, 2016 Report and Recommendation 8 72 is adopted; the Magistrate Judge's July 20, 2015 Report and Recommendation 6 63 is adopted; The Or iginal Judgment and Commitment Order 35 36 is VACATED and the petitioner shall be resentenced for the sole purpose of setting the time to file a Notice of Appeal. Petitioner's 2255 1 47 is granted in part as to the petitioner's cla im of ineffective assistance of counsel with regard to counsel's failure to file a Notice of Appeal on Behalf of petitioner; Petitioner's 2255 1 47 is denied in part as to the remainder of petitioner's claims of ineffective assistance of counsel. A separate order setting the date and time of petitioner's resentencing will follow. Signed by District Judge John Preston Bailey on 1/25/16. (Attachments: # 1 Certified Mail Return Receipt)(jss)

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