Free Order on Motion to Vacate (2255) - District Court of Connecticut - Connecticut

Case 2:90—cr—00018-AHN Document 246 Filed 12/20/2006 Page 1 Of 1
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DISTRICT OF CONNECTICUT anna 1,:S;
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The motion of Petitioner, Louis Pugliano, to vacate, set
aside, or correct his sentence pursuant to 28 U.S.C. § 2255 [doc.
# I6}, as amended, is GRANTED.
The court finds that there were available grounds in the
Sentencing Guidelines that would have supported a sentence less
than that imposed on the Petitioner, but his trial counsel failed
to file any objections to the presentence report or to make any
sentencing arguments asserting those grounds and his failure to
do so constituted ineffective assistance of counsel. Further,
there is a reasonable probability that, but for counsel's errors,
the Petitioner's sentence probably would have been different and
thus the Petitioner was prejudiced, regardless of the amount by
which his sentence was affected by counsel's defective
performance. Because the Petitioner has established ineffective
assistance of counsel in this § 2255 proceeding, the appropriate
remedy is for the Petitioner to be resentenced.
SO ORDERED this 19th day of December, 2006 at Bridgeport,
Connecticut.
United States District Judge