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Bowling, prosecutors trade responses on appeal request

Reported by: Mel Carlock
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Updated: 11/19/2013 9:07 am
OXFORD, Miss. (WTVA) -- Attornies for Dwight Bowling and the U. S. Attorney's office have traded responses over an attempt by Bowling to have his sentence for enticement and witness tampering vacated.

In a September filing, Bowling claims the judge did not follow sentencing guidelines when he was sentenced to 300 months in federal prison.

He says the recommendation was for 135 to 168 months.

Bowling lost appeals of the sentence because they were not filed within the time period set under law.

He appealed, claiming he received ineffective assistance of counsel because his attorney failed to file the documents under the time frame.

In their response filed last week, federal prosecutors say Bowling's attorney told a federal appeals court she had been asked not to file another motion on his behalf.

She says she also asked to be replaced as his attorney for the purpose of the appeals process, but the federal district judge denied the appeal.

In a response Monday, Bowling's attorney claims despite the courts decision not to remove her, she was still obligated to file the appeal.

They claim his Sixth Amendment right to effective counsel was violated and asked for an evidentiary hearing on the motion.
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