Dennis v. USA
| Andre M Dennis |
| USA |
| 3:2023cv00559 |
| May 1, 2023 |
| US District Court for the District of Connecticut |
| Victor A Bolden |
| Maria E Garcia |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentence |
| None |
Docket Report
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Filing 7
ORDER denying #1 Motion to Vacate/Set Aside/Correct Sentence (2255); finding as moot #6 Motion to Withdraw as Attorney. On November 22, 2021, the Court entered judgment against Mr. Dennis after he had been convicted by a jury and sentenced. See ECF No. 174 . Mr. Dennis has appealed his conviction and sentence, and that appeal remains pending. See United States v. Dennis, No. 21-2952 (2d Cir.). Because "habeas petitions filed before the petitioner has exhausted his direct appeal are generally considered premature," Wall v. United States, 619 F.3d 152, 154 (2d Cir. 2010), Mr. Dennis's motion is DENIED as premature without prejudice to renewal.In denying Mr. Dennis's motion as premature, the Court notes that "a motion under 2255 is not a substitute for direct appeal," and that claims that may be asserted on direct appeal, but are not, are procedurally defaulted and may not be raised in a later 2255 motion unless certain conditions are met. Sapia v. United States, 433 F.3d 212, 217 (2d Cir. 2005). If, after the resolution of his direct appeal, Mr. Dennis seek to challenge his conviction and sentence under 2255, he must comply with the applicable one-year statute of limitations. A federal prisoner seeking relief under 2255 generally can file a motion within one year from the latest of four benchmark dates: (1) when the judgment of conviction becomes final; (2) when a government-created impediment to making such a motion is removed; (3) when the right asserted is initially recognized by the Supreme Court, if it has been made retroactively available to cases on collateral review; or (4) when the facts supporting the claims could have been discovered through the exercise of due diligence. See 28 U.S.C. 2255(f). For purposes of the one-year limitations period under 2255(f)(1), a judgment of conviction becomes final when the Supreme Court "affirms a conviction on the merits on direct review or denies a petition for a writ of certiorari, or when the time for filing a certiorari petition expires." Clay v. United States, 537 U.S. 522, 527 (2003).The Clerk of Court is respectfully requested to close this case. Because this case will be closed, Attorney Harold H. Chen's motion to withdraw is DENIED as moot.Signed by Judge Victor A. Bolden on 5/5/2023. (Sullivan, John)
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| Filing 6 MOTION for Harold H. Chen to Withdraw as Attorney by USA. (Chen, Harold) |
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Filing 5
ORDER granting #4 Motion for Scheduling Order. the Government's response to the Mr. Dennis's motion shall be due either 30 days from the Court's denial of his request for counsel or 30 days after a motion filed by counsel appointed by the Court. Signed by Judge Victor A. Bolden on 5/5/2023. (Sullivan, John)
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| Filing 4 MOTION for Scheduling Order by USA. (Freismuth, Natasha) |
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Filing 3
STANDING PROTECTIVE ORDER Signed by Judge Victor A. Bolden on 5/1/2023.(Imbriani, Susan)
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Filing 2
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Victor A. Bolden on 5/1/2023.(Imbriani, Susan)
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| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (2255). by Andre M Dennis. (Attachments: #1 Criminal Judgment) (Fanelle, N.) |
| Judge Victor A. Bolden and Judge Maria E. Garcia added. (Oliver, T.) Modified on 5/2/2023 TO CORRECT THE DATE FILED (Oliver, T.). |
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| Petitioner: Andre M Dennis | |
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| Respondent: USA | |
| Represented By: | Harold H. Chen |
| Represented By: | Marc Harris Silverman |
| Represented By: | Natasha Freismuth |
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