[Download] "Melton v. United States" by In the United States Court of Appeals for the Seventh Circuit " eBook PDF Kindle ePub Free
eBook details
- Title: Melton v. United States
- Author : In the United States Court of Appeals for the Seventh Circuit
- Release Date : January 13, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Timothy Melton pleaded guilty in 1995 to drug offenses and, in exchange for cooperation, received a sentence of 216 months imprisonment, or 90% of the statutory minimum that would have applied in the absence of a favorable recommendation by the prosecutor. More than a year later (and more than a year after the Antiterrorism and Effective Death Penalty Act of 1996 took effect), Melton filed a collateral attack under 28 U.S.C. §2255, contending that he would have received a lower sentence had his lawyer done a better job. The court recruited an attorney to assist Melton. Six months later, after his original counsel had filed an affidavit that demolished his contentions, Melton dismissed this proceeding. In 2003 Melton again sought relief -- and, doubtless recognizing that §2255 was no longer available given not only the time limit of §2255 6 but also the earlier unsuccessful collateral attack, see 28 U.S.C. §§ 2244, 2255 8, Melton styled this request as a petition for a writ of audita querela. Just as in 1997, Melton contended that his sentence had been spoiled by ineffective assistance of counsel.