United States v. Spadaro

UN!TED sTATEs DISTRICT CoURT ED FoR THE i)lsrnicr oF coLuMnlA DEC 2 1 2009 U.S. D‘PSTR{CT COUHT UNITED STATES OF AlVlERlCA, v. Criminal N0. 03-550 (JDB)' ROBERT NICHOLAS SPADARO, Petitioner. \/\./\/\/\J\/;\./'\../\_/ lVlEl\/IOR.ANDUM OPINION Robert Spadaro has filed a petition to vacate. set aside, or correct his sentence pursuant to 28 ll.S.C`. § 2255. l~le offers three grounds for his petition: he was not competent to assist in preparing his defense; he received an incomplete competency evaluation, thereby denying him due process; and his counsel was prejudicially ineffective in violation of the Sixth Amendment. Upon careful consideration ofthe parties' memoranda, and for the reasons detailed below, the Cotirt denies Spadaro's petition. BACKGROUNI) Spad'.tro is currently in federal custody serving a l86~month sentence for interstate stall