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Judge Buchwald http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=73965 UNDER AN agreement defendant pleaded guilty to two Hobbs Act robberies violating the Racketeer Influenced and Corrupt Organizations Act. In his appeal challenging sentence of 240 months in prison, the government sought remand for an evidentiary hearing on defendant’s claim that former counsel coerced or misled him into pleading guilty. He claimed that counsel assured him of a secret agreement with the government and coerced him into signing the plea agreement by telling him that he faced 60 years in prison whereas if he signed the agreement, the government would accept his cooperation and the court would reduce his sentence. After the hearing the court held defendant’s claims to be without merit. It noted that misconduct allegations that defendant asserted at a sentencing conference were “dramatically” different than those that defendant testified about at the hearing and that two misconduct claims, first raised at the hearing, constituted the primary bases for his claim, convincingly denied by counsel, that counsel coerced and misled him into pleading guilty.

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