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U.S. v. JOHNSON

Civil Action No. 7:04CR00128.

641 F.Supp.2d 543 (2009)

UNITED STATES of America v. Wendell Antonio JOHNSON.

United States District Court, W.D. Virginia, Roanoke Division.

August 11, 2009.

Attorney(s) appearing for the Case

Donald Ray Wolthuis, United States Attorneys Office, Roanoke, VA, for United States of America.

2255 MEMORANDUM OPINION

SAMUEL G. WILSON, District Judge.

This is a motion by Wendell Antonio Johnson pursuant to 28 U.S.C. § 2255 claiming that he received ineffective assistance at sentencing when his counsel failed to raise the government's breach of his plea agreement. The government has moved to dismiss on the ground that Johnson voluntarily waived his right to collaterally attack his judgment and sentence. The court rejects Johnson's claim...

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