United States District Court, District of Massachusetts
August 15, 2014
UNITED STATES OF AMERICA
RYA W. ZOBEL UNITED STATES DISTRICT JUDGE
In June 2009, Petitioner Roy Sastrom pled guilty to both counts of consolidated indictments charging him with armed bank robbery (Count 1) and possession of ammunition (Count 2) after having been convicted of a felony, United States v. Roy Sastrom, 08-cr-10314, and two of four counts accusing him of mailing false information and threatening communications (Counts 2 and 4 respectively), United States v. Roy Sastrom, 09-cr-10168. On October 1, 2009, petitioner was sentenced to imprisonment for 180 months and 36 months of Supervised Release on each of Counts 1 and 2 of the 2008 indictment, and 24 months imprisonment on each of Counts 2 and 4 of the 2009 indictment, all sentences to run concurrently. The only remaining counts, 1 and 3 of the 2009 indictment were dismissed. Petitioner has now filed a motion under 28 U.S.C. § 2255 and an Amended and Supplemental Motion to vacate all sentences on the ground that he was incompetent at the time and counsel failed to raise a defense of insanity although counsel knew that he had been adjudged insane in 1994 (Docket ## 20 and 29 in 08-cr-10314).
The government filed an opposition to the motion (Docket # 26) before petitioner submitted his amended petition. Accordingly, the government is granted leave to supplement its opposition by September 4, 2014, and petitioner, likewise, may supplement his response (Docket # 27) by September 25, 2014. Petitioner’s motion for discovery and appointment of counsel (Docket # 28) is denied.