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UNITED STATES v. BOLDEN

October 27, 1977

UNITED STATES of America
v.
James F. BOLDEN



The opinion of the court was delivered by: GREEN

 JUNE L. GREEN, District Judge.

 Defendant James F. Bolden has moved, pursuant to 28 U.S.C. ยง 2255, to vacate or correct the sentence imposed on him by this Court on the grounds that he was denied effective assistance of counsel.

 I.

 
MR. HURLEY: As the Court knows, we have had many, many discussions with the defendants before the Court. I can speak only as to Mr. Jones and many conferences with the Government.
 
After a series of more recent conferences, the Government has offered to Mr. Jones to dispose of this case a plea to the charge of murder in the second degree.
 
Now the Government's position as stated on the record by Mr. Hanny this morning is that they still reserve the right to allocute at the time of sentencing, and as of that time they are not going to recommend a specific sentence to the Court.
 
It is my understanding that they will recommend to the Court that the Court impose a substantial and meaningful sentence.
 
What allocution in addition to that the Government will provide I am unaware of at this time.
 
MR. GARBER: . . . [Mr. Jones] has been told that whatever the Government recommends, whatever the Government says, the matter of sentence would be strictly up to the Court.
 
THE COURT: That is correct.
 
MR. GARBER: And that he could receive a sentence up to life imprisonment, but not less than twenty years.
 
We have explained to him how that works, that if he was sentenced to imprisonment for life, in the maximum, the minimum could not exceed fifteen years, and the Court ...

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