United States v. Akhter

District Court, E.D. Virginia

Jul 29, 2020

1:15-cr-00124

IN THE UNITED STATES DISTRICT COURT FOR THE

EASTERN DISTRICT OF VIRGINIA

Alexandria Division

UNITED STATES OF AMERICA Criminal No. 1:15-CR-124

V. MUNEEB AKHTER and

SOHAIB AKHTER

MEMORANDUM OPINION

The matter is before the Court on Defendant Muneeb Akhter's pro se motion to vacate pursuant to 28 U.S.C. § 2255.' The government moved to dismiss defendant's petition and defendant responded in opposition. The matter is thus ripe for disposition. Oral argument is dispensed with as the facts and legal contentions are adequately set forth in the existing record and oral argument would not aid the decisional process.

A. Convictions On February 27, 2015, a criminal complaint was filed against defendants alleging that they had violated 18 U.S.C. § 1029(a)(2) and (b)(2) by conspiring to traffic in and use one or more unauthorized access devices. See Criminal Complaint at 1 (Dkt. 1). On April 30,2015, a federal grand jury returned a twelve-count indictment against defendants, charging them with:

• Sohaib Akhter, defendant's brother and co-defendant, also seeks to join defendant's petition. Sohaib Akhter does not make any arguments separate and apart from those raised in the pleadings filed by Muneeb. Accordingly, this Memorandum Opinion will focus on the arguments raised by defendant. The term "defendant" shall refer to Muneeb Akhter. Muneeb and Sohaib Akhter together will be referred to as "the defendants."

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