OXFORD, Miss. (WTVA) -- A federal judge delayed an evidentiary hearing on a motion to vacate the sentence given to Dwight Bowling.
The hearing will now take place July 8 in U. S. District Court in Aberdeen.
Bowling pleaded guilty to two counts of enticement of a minor and one count of witness tampering in April 2011.
During his sentencing, the judge used an upward departure and ordered Bowling to serve 300 months in federal prison.
Bowling says federal guidelines set sentencing for 135 to 168 months on the charges.
He appealed the sentence, but prior rulings say he did not file his appeal until after the deadline passed.
Bowling claims he received ineffective counsel because his attorney didn't file the appeal in time.
Bowling's attorney filed a notice of his intent to appeal the sentence on August 30, 2011, but asked the court to appoint new counsel for him to help him perfect the appeal process.
A federal judge denied the request and the appeal was filed in October of 2011.
The judge and the Fifth Circuit Court of Appeals denied his filing because it was not filed by the mandated deadline.
Bowling now claims his attorney didn't provide effective counsel by not filing the appeal in time.
Prosecutors filed a response stating Bowling's trial attorney claimed he told her not to file another motion on his behalf following the guilty pleas.
Bowling has requested the latest delay and the judge granted the motion on Thursday.