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U.S. v. Rudge

420-Month Sentence Denied §2255 Relief; Hobbs Act Robbery Is Predicate Offense

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OPINION & ORDER Defendant Kenneth Rudge moves to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. §255. Rudge makes two arguments in support of his contention that he received ineffective assistance of counsel. First, Rudge contends that, at the time of his guilty plea, he did not know to what offense he was pleading guilty. Second, Rudge contends that defense counsel failed to raise at sentencing the contention that Rudge’s §924(c) plea to Count Two rested on an invalid predicate offense. Had defense counsel done so, Rudge argues, he would have withdrawn his plea, or it would have been vacated. For the reasons below, Rudge’s motion is DENIED. BACKGROUND Rudge was a leader of a group of individuals, known as “YNR,” that was distributing heroin and crack cocaine in the Bronx, NY. (Presentence Investigation Rep.

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