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LaMarco v. U.S.

42-Month Fraud Sentence Not Vacated; Ineffective Assistance, Innocence Claims Fail

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MEMORANDUM OF DECISION & ORDER On August 19, 2016, Daniel Winston LaMarco (the “Petitioner”) pled guilty to one count of wire fraud in violation of 18 U.S.C. §1343 and one count of commodities fraud in violation of 7 U.S.C. §60(1). Pursuant to a Plea Agreement, the Petitioner waived his right to file an appeal or otherwise challenge his conviction or sentence via 18 U.S.C. §2255 if the Court sentenced him to a term of imprisonment of eighty seven (87) months or less. On February 3, 2017, the Court imposed a forty two (42) month imprisonment sentence.The Petitioner, through counsel, moves pursuant to §2255 to vacate his conviction and sentence on multiple grounds, including violations of the Petitioner’s right to effective assistance of counsel and contentions of actual innocence. In addition, the Petitioner requests an evidentiary hearing to further develop his case. For the reasons set forth below, the Petitioner’s motion is denied in its entirety.I. BACKGROUNDThe Court assumes familiarity with the facts and procedural history of the case but proceeds to summarize the relevant details.In 2011, the Petitioner began receiving sums of currency to invest on behalf of investors, acting as a commodity pool operator. (See Information, Dkt. No. 38-1

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