Sanders v. United States of America
| 1:2009cv05265 |
| November 10, 2009 |
| US District Court for the Eastern District of New York |
| Prisoner: Vacate Sentence Office |
| Brian M. Cogan |
| None |
| U.S. Government Defendant |
| 28:2255 Motion to Vacate / Correct Illegal Sentenc |
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Filing
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ORDER endorsed on doc.# 7 : Motion denied. As explained in this Court's prior decision, at the time of petitioner's guilty plea, there WAS a chance he would face a term of 15 years to life in prison, so neither counsel nor the Magistrate J udge misadvised him by telling him that. It was only after he pled guilty that the Second Circuit determined that his prior crime did not qualify for a 15 year to life sentence. Because, by petitioner's own description, counsel advised him precisely in accordance with his exposure at the time he pled guilty, there could be no ineffective assistance of counsel. SO ORDERED. (Ordered by Judge Brian M. Cogan, on 1/4/2010) C/mailed. (Latka-Mucha, Wieslawa)
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Filing
6
ORDER endorsed on doc.# 5 : Motion DENIED as moot in light of this Court's 4 Memorandum Decision and Order dated 12/8/09. SO ORDERED. (Ordered by Judge Brian M. Cogan, on 12/11/2009) C/mailed by Chambers. (See page # 3) (Latka-Mucha, Wieslawa)
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Filing
4
MEMORANDUM DECISION AND ORDER: Petitioner's application for a writ of habeas corpus is denied, and the petition is dismissed. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. SO ORDERED. (Ordered by Judge Brian M. Cogan, on 12/8/2009) C/mailed w/appeals packet. (Latka-Mucha, Wieslawa)
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