Frederick v. United States of America

Justia Dockets & Filings Second Circuit New York Eastern District Frederick v. United States of America

Frederick v. United States of America

Petitioner:	Kissone Frederick
Respondent:	United States of America
Case Number:	1:2014cv04216
Filed:	July 14, 2014
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Kiyo A. Matsumoto
Nature of Suit:	Prisoner: Vacate Sentence
Cause of Action:	28 U.S.C. § 2255 Motion to Vacate / Correct Illegal Sentenc
Jury Demanded By:	None

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Date Filed	Document Text
December 30, 2019	Filing 30 ORDER denying to Motion to Vacate, Set Aside or Correct Sentence filed by Kissone Frederick. For the reasons stated in the attached Memorandum and Order, petitioner's petition for a writ of habeas corpus is DENIED in its entirety. Petitioner h as failed to state a plausible claim for ineffective assistance of counsel with respect to either his trial or appellate counsel. Petitioner has also failed to state a plausible claim that the court gave the jury improper jury instructions. Petitio ners claim that he is actually innocent for the sentence he received for brandishing a firearm is contrary to precedent in this circuit. Thus, no evidentiary hearing is warranted and the petition for a writ of habeas corpus is DISMISSED. Th e clerk is respectfully directed to send a copy of this Memorandum and Order to the petitioner at his last known address and note service on the docket. Further ordered that 2 petitioner's Motion for Bond is terminated as moot. Ordered by Judge Kiyo A. Matsumoto on 12/30/2019. (Brasky, Michael)

Date Filed

Document Text

December 30, 2019

Filing 30 ORDER denying to Motion to Vacate, Set Aside or Correct Sentence filed by Kissone Frederick. For the reasons stated in the attached Memorandum and Order, petitioner's petition for a writ of habeas corpus is DENIED in its entirety. Petitioner h as failed to state a plausible claim for ineffective assistance of counsel with respect to either his trial or appellate counsel. Petitioner has also failed to state a plausible claim that the court gave the jury improper jury instructions. Petitio ners claim that he is actually innocent for the sentence he received for brandishing a firearm is contrary to precedent in this circuit. Thus, no evidentiary hearing is warranted and the petition for a writ of habeas corpus is DISMISSED. Th e clerk is respectfully directed to send a copy of this Memorandum and Order to the petitioner at his last known address and note service on the docket. Further ordered that 2 petitioner's Motion for Bond is terminated as moot. Ordered by Judge Kiyo A. Matsumoto on 12/30/2019. (Brasky, Michael)

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Petitioner: Kissone Frederick
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Respondent: United States of America
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