(Download) "Dozier v. United States District Court for Northern District of Florida" by Fifth Circuit. Unit B United States Court of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: Dozier v. United States District Court for Northern District of Florida
- Author : Fifth Circuit. Unit B United States Court of Appeals
- Release Date : January 21, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
Petitioner Phillip Dozier appeals from the district court's denial of his motion to vacate sentence under 28 U.S.C.A. § 2255. We affirm. Dozier was convicted on four counts of possessing heroin with an intent to distribute and sentenced to a total of ten years' incarceration with a six-year special parole term. The conviction was affirmed on appeal. United States v. Dozier, 575 F.2d 880 (5th Cir.), cert. denied, 439 U.S. 874, 99 S. Ct. 211, 58 L. Ed. 2d 188 (1978). Following the appeal, Dozier moved for a reduction of sentence pursuant to Fed.R.Crim.P. 35, alleging that the lengthy period of imprisonment would result in ""family hardship."" Upon denial of the motion, Dozier filed the present action and moved to have his sentence vacated on the grounds that he had received ineffective assistance of counsel and that he was entitled to be sentenced under the Narcotic Addict Rehabilitation Act (NARA), 18 U.S.C.A. § 4251, et seq.1 A federal magistrate determined that Dozier had received effective assistance of counsel but that he had a right to be considered for sentencing under NARA and recommended the sentence be vacated and a hearing held to ascertain Dozier's eligibility under the Act. The district court rejected the recommendation and concluded that Dozier's right to be sentenced under NARA could not be raised in a motion to vacate sentence.
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