||Bowling again seeks hearing on motion to vacate
OXFORD, Miss. (WTVA) — Dwight Bowling is once again asking a federal judge to grant a hearing on his motion to vacate his sentence.
Bowling pleaded guilty to two counts of enticement of a minor and one count of witness tampering in April 2011.
During his sentencing, the judge used an upward departure and ordered Bowling to serve 300 months in federal prison.
Bowling says federal guidelines set sentencing for 135 to 168 months on the charges.
Bowling's attorney filed a notice of his intent to appeal the sentence on August 30, 2011, but asked the court to appoint new counsel for him to help him perfect the appeal process.
A federal judge denied the request, and the appeal was filed in October 2011 after the deadline to file such appeals had passed.
The U. S. Court of Appeals upheld the lower courts decision.
Bowling filed a motion to vacate last September saying his attorney didn't provide effective counsel by not filing the appeal in time.
Prosecutors filed a response stating Bowling's trial attorney claimed he told her not to file another motion on his behalf following the guilty pleas.
In his latest motion, Bowling asked for an evidentiary hearing on the motion.
Federal prosecutors filed a response saying a hearing isn't needed because the claims made in the motion are not supported by the files and record in the case.