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U.S. v. Margolies

Habeas Relief From Sentence Denied; Denial of Constitutional Right Not Shown

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OPINION & ORDER Petitioner Wolfe Margolies, proceeding pro se, moves to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. §2255. (Pet’r's Mot., ECF No. 50.) Margolies argues that his Sixth Amendment right to effective assistance of counsel was violated because defense counsel failed to competently advise him during the plea-bargaining process. (Id.) Margolies moves for appointment of counsel to represent him during this habeas proceeding. (Pet’r's Mot. for Counsel, ECF No. 51.) Margolies also moves for authorization to hire a toxicologist or pathologist to investigate matters related to his sentencing. (Pet’r's Suppl. Mot., ECF No. 54.) For the reasons below, Margolies’ motions are DENIED. BACKGROUND Margolies was a drug dealer in Queens, New York. (Presentence Investigation Rep. (“PSR”)

13-16, ECF No. 39.) Law enforcement linked Margolies to a February 2018 heroin overdose death after finding text messages on the victim’s phone indicating that the victim had purchased heroin from Margolies the day before his death. (Id.

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