Bowling’s bid for sentencing relief opposed

BOWLING

BOWLING

By JB Clark

Daily Journal

OXFORD – Former high school football coach Dwight Bowling has filed a new motion asking for a sentencing relief hearing.

Bowling filed the motion last week asking for a hearing to address his 300-month sentence, which he claims is too long, and what he called ineffective counsel.

Bowling, 58, is in federal prison serving his sentence for April 2011 guilty pleas to charges he transported minor males across state lines for sex and attempted witness tampering.

Bowling had a previous appeal dismissed from the 5th U.S. Circuit Court of Appeals in 2012.

He filed a motion to vacate his sentence in September claiming his attorney didn’t file an appeal in time and was therefore ineffective.

Bowling, in his September motion to vacate his sentence, claimed his attorney, Christi McCoy, didn’t file his sentencing appeal within the given time frame and was therefore ineffective counsel. But, in an email exchange included in the motion, he essentially fired McCoy, told her he doesn’t plan to pay his final bill and told her he is asking for another attorney.

He also told her he didn’t want to spend another penny fighting the case.

Assistant U.S. Attorney Paul D. Roberts, in his response to the motion, said Bowling’s explicit instructions to his counsel not to file an appeal preclude any complaint that his attorney violated his rights when she followed his instructions.

He also said Bowling must be able to show he requested an appeal and did not prevent his counsel from filing the notice of appeal to prove ineffective assistance of counsel.

Bowling was a football coach at Smithville High School for 29 years before he retired and coached in Sulligent, Ala.

jb.clark@journalinc.com

CORRECTION: This story was updated to correct the title of the Assistant U.S. Attorney and the state of the motion for a relief hearing.

  • T-watcher

    Uh, I think you’ll find that Paul D. Roberts is NOT a U.S. District Judge. Bad error for a lead sentence!