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Trent v. United States

United States District Court, E.D. Virginia, Richmond Division

August 26, 2014

GEORGE T. TRENT, Petitioner,
v.
UNITED STATES OF AMERICA. Criminal Action No. 3:08-CR-350-2

MEMORANDUM OPINION

JAMES R. SPENCER, Senior District Judge.

THIS MATTER is before the Court on Petitioner George T. Trent's ("Trent") Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. § 2255 for Writ of Habeas Corpus ("§ 2255 Motion") (ECF No. 75). For the reasons below, the Court will DENY the Motion and DENY a Certificate of Appealability.

FACTUAL AND PROCEDURAL BACKGROUND

On March 26, 2008, Farmville Police Department investigators and Drug Enforcement Administration agents, utilizing a confidential informant, conducted a controlled purchase of 27.5 grams of cocaine base from Trent and his co-conspirator, Christopher Langhorne. Again on April 17, 2008, Farmville Police Department investigators and Drug Enforcement Administration agents, utilizing a confidential informant, conducted a controlled purchase of 55.1 grams of crack cocaine from Trent and Christopher Langhorne.

On October 22, 2009, United States Magistrate Judge M. Hannah Lauck conducted a Rule 11 inquiry and made necessary findings regarding a plea agreement that Trent later entered into. Trent was represented at this hearing by William Jeffrey Dinkin, Esq. ("Dinkin"). During the hearing, Trent was sworn under oath, and the following exchange took place:

THE COURT: Have you drunk any alcohol or taken any drugs, prescription or otherwise, within the past 24 hours?
THE DEFENDANT: I just took my medicine.
THE COURT: Okay. It is prescription medicine?
THE DEFENDANT: Yes.
THE COURT: Is there anything about the prescription medicine that you take that would make you unable to understand what we are doing today?
THE DEFENDANT: No.
THE COURT: Is there anything about it that would make you cloudy in thought or judgment?
THE DEFENDANT: No, not that I know of.
THE COURT: Okay. So that is not my experience as I look at you. You look clear as a bell, but that is why I ask the question because some medicines make you feel unclear. Mr. Dinkin, has that been your experience in dealing with your client, that the ...

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