Federal Court Denies Duane Big Eagle’s Section 2255 Motion

Here are the materials in Big Eagle v. United States (D. S.D.):

2 Motion to Vacate Conviction

17 US Response

24 DCT Order

An excerpt:

Big Eagle now has filed a motion to vacate, set aside, or correct sentence under 28 U.S.C. § 2255 in this case. CIV Doc. 1. Big Eagle in his motion raised five grounds, all of which contended that his trial counsel provided ineffective assistance to him. CIV Doc. 1 at 5-6. Big Eagle filed a Memorandum of Law supporting the § 2255 motion. CIV Doc. 2. This Court screened the case and ordered the Government to file a response. CIV Doc. 7. The Government resisted the motion, CIV Doc. 17, and filed an affidavit signed by Big Eagle’s trial counsel disputing Big Eagle’s contentions. CIV Doc. 17-2. Big Eagle filed a reply thereafter. CIV Doc. 20. For the reasons explained herein, this Court denies Big Eagle’s § 2255 motion.

Earlier, related materials here.