Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Zuber

United States District Court, District of Kansas

April 29, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
SHERI ZUBER, Defendant. No. 10-20135-CM (Criminal)

MEMORANDUM AND ORDER

CARLOS MURGUIA, United States District Judge.

This matter is before the court on defendant Sheri Zuber’s Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (Doc. 79) and Motion for Leave of Court to Incorporate Amendment to Movant’s Title 28 U.S.C. § 2255 Motion (Doc. 83).

I. FACTUAL BACKGROUND

On October 7, 2010, a grand jury indicted defendant on three drug charges: possession with intent to distribute fifty grams or more of “crack” cocaine; possession with intent to distribute cocaine; and possession with intent to distribute marijuana. A public defender was initially appointed to represent defendant. After a conflict arose, the court appointed Dionne Scherff. On June 8, 2011, a jury found defendant guilty of all three charges. On September 20, 2011, the court sentenced defendant to ninety-seven months of imprisonment.

Defendant appealed, and on June 20, 2012, the Tenth Circuit issued an unpublished opinion affirming the verdict. (Doc. 78.) Defendant filed this motion pursuant to 28 U.S.C. § 2255, [1] arguing that her attorney provided ineffective assistance of counsel. Specifically, defendant claims she had ineffective assistance because her lawyer purportedly failed to:

(Ground One)
. Communicate with defendant and present a timely motion to dismiss for violations of the Speedy Trial Act (“STA”);
(Ground Two)
. Present any exculpatory evidence at trial; . Object to the government’s failure to adhere to the legislative history of the law;
. Object to the government’s failure to prove all the elements charged;
(Ground Three)
. Investigate mitigating evidence;
. Subpoena exculpatory evidence;
. Interview witnesses for trial;
. Make the court aware of a broken chain of custody;
(Ground Four)
. Timely convey a plea agreement of five years offered by the government; and
. File pretrial motions and responses.

The government opposes defendant’s motion and submits the sworn affidavit of ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.