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U.S. v. BOOTHROYD

Nos. CRIM. 02-342-HA, CIV. 05-1136-HA.

403 F.Supp.2d 1011 (2005)

UNITED STATES of America, Plaintiff/Respondent, v. David Everett BOOTHROYD, Defendant/Petitioner.

United States District Court, D. Oregon.

December 9, 2005.

Attorney(s) appearing for the Case

Charles W. Stuckey, United States Attorney's Office, Portland, OR, for Plaintiff/Respondent.

OPINION AND ORDER

HAGGERTY, Chief Judge.

On July 19, 2005, petitioner filed a Petition for a Writ of Habeas Corpus (Doc. # 1) pursuant to 28 U.S.C. § 2255. Petitioner alleges that his former attorneys provided ineffective assistance of legal counsel by not pursuing his eligibility for guidelines sentencing instead of the statutory minimum sentence, as provided for under 18 U.S.C. § 3553(f) and U.S.S.G. § 5C1.2. The court held an evidentiary...

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