Newark, NJ – A federal judge has rejected the government’s attempt to undo a decision granting post-conviction relief to a New Jersey inmate, clearing the way for a new sentencing hearing.
U.S. District Judge Susan D. Wigenton issued the ruling on September 10, denying the United States’ motion for reconsideration in the case of Grant v. United States. The motion sought to overturn the court’s July 24 decision granting Corey Grant’s petition under 28 U.S.C. § 2255 on grounds of ineffective assistance of counsel.
Prosecutors argued the court erred by not holding an evidentiary hearing and by misapplying the Supreme Court’s Strickland v. Washington standard for ineffective counsel. Judge Wigenton disagreed, finding that no factual disputes required a hearing and that the record clearly showed Grant’s resentencing lawyer had failed to raise the “sentence-packaging” doctrine — an error previously recognized by the Third Circuit Court of Appeals.
The judge also noted that the government itself had argued earlier that the motion could be resolved without a hearing, undermining its current position.
In rejecting the reconsideration motion, Judge Wigenton emphasized that Rule 59(e) motions cannot be used to reargue issues or express disagreement with prior rulings. Finding no new evidence, change in law, or clear error of fact or law, the court denied the government’s request.
A resentencing date will be set, and the U.S. Probation Office has been directed to prepare a new presentence report.