Gomez v. U.S.A.

Gomez v. U.S.A.

Respondent:	U.S.A.
Movant:	Amilcar Gomez
Case Number:	1:2014cv05801
Filed:	October 3, 2014
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Sterling Johnson
Nature of Suit:	Habeas Corpus (General)
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
February 2, 2024	Filing 21 ORDER denying 19 Second Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C.§ 2255. For the reasons stated in the attached Memorandum and Order, the Court declines to review Petitioner's Section 2255 petition and denies his petition without prejudice to Petitioner renewing his challenge to his Section 924(c) conviction if and when he can bring a timely and colorable challenge to his concurrent life sentence. See Al -'Owhali v. United States, 36 F.4th 4 61, 469 (2d Cir. 2022) (citing Kassir v. United States, 3 F.4th 556, 569 (2d Cir. 2021)). The Court notes that in such a future challenge, a court would evaluate the claim's timeliness by reference to when he raised it in the present act ion and would allow the government to raise any other defenses that it might wish to advance at that time. Kassir, 3 F.4th at 569.The Clerk of Court is directed to enter judgment for the Respondent and close this case. In accordance with 28 U.S.C. § 1915(a)(3), the Court certifies that any appeal from this order would not be taken in good faith and thus denies in forma pauperis status for the purposes of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Ordered by Judge Kiyo A. Matsumoto on 2/2/2024. (SP)
May 11, 2018	Filing 7 MEMORANDUM AND OPINION dated 5/10/18 that Movant's motion to vacate or set aside the March 23, 2010, judgment of conviction in United States v. Gomez, 06cr613(SJ), is DENIED. Because Movant has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. 28:2253(c)(2). ( Ordered by Judge Sterling Johnson, Jr on 5/10/2018 ) (Guzzi, Roseann)

Date Filed

Document Text

February 2, 2024

Filing 21 ORDER denying 19 Second Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C.§ 2255. For the reasons stated in the attached Memorandum and Order, the Court declines to review Petitioner's Section 2255 petition and denies his petition without prejudice to Petitioner renewing his challenge to his Section 924(c) conviction if and when he can bring a timely and colorable challenge to his concurrent life sentence. See Al -'Owhali v. United States, 36 F.4th 4 61, 469 (2d Cir. 2022) (citing Kassir v. United States, 3 F.4th 556, 569 (2d Cir. 2021)). The Court notes that in such a future challenge, a court would evaluate the claim's timeliness by reference to when he raised it in the present act ion and would allow the government to raise any other defenses that it might wish to advance at that time. Kassir, 3 F.4th at 569.The Clerk of Court is directed to enter judgment for the Respondent and close this case. In accordance with 28 U.S.C. § 1915(a)(3), the Court certifies that any appeal from this order would not be taken in good faith and thus denies in forma pauperis status for the purposes of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Ordered by Judge Kiyo A. Matsumoto on 2/2/2024. (SP)

May 11, 2018

Filing 7 MEMORANDUM AND OPINION dated 5/10/18 that Movant's motion to vacate or set aside the March 23, 2010, judgment of conviction in United States v. Gomez, 06cr613(SJ), is DENIED. Because Movant has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. 28:2253(c)(2). ( Ordered by Judge Sterling Johnson, Jr on 5/10/2018 ) (Guzzi, Roseann)

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Movant: Amilcar Gomez
Represented By:	Edward Irizarry
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Respondent: U.S.A.
Represented By:	Craig R. Heeren
Represented By:	Jason Allen Jones
Represented By:	Daniel S Silver
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