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Wagner v. U.S.

Sentence Vacatur Under 28 USC §2255 Denied; Counsel Did Not Breach 'Strickland' Standard

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ORDER AND OPINION DENYING MOTION TO VACATE SENTENCE Pro se petitioner David Wagner moves to vacate his sentence under 28 U.S.C. 2255, arguing that during the pre-trial, plea, and sentencing stages of his underlying criminal case, he was “deprived of his constitutional right to effective assistance of counsel.” ECF No. 143, 183. The Government responds, inter alia, that the representation provided by Wagner’s counsel, Martin Cohen Esq., did not fall below an objective standard of reasonableness, and requests that the motion be denied. For the reasons explained below, Wagner’s motion to vacate his sentence under 28 U.S.C. 2255 is denied. BACKGROUND On June 12, 2019, Petitioner-Defendant was charged in five counts related to his direction of a Ponzi-like investment scheme that resulted in the loss of approximately $10 million and harmed approximately 40 investors. ECF No. 95, PSR,

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