Rodriguez v. United States of America

Justia Dockets & Filings Second Circuit New York Southern District Rodriguez v. United States of America

Rodriguez v. United States of America

Case Number:	1:2006cv00330
Filed:	January 17, 2006
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
Presiding Judge:	Charles S. Haight
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
September 30, 2009	Filing 7 MEMORANDUM OPINION AND ORDER. #98099 On May 16, 1995, following a twelve week jury trial, defendant/petitioner Ivan Rodriguez was convicted of murder, conspiracy to commit murder, and the use of a firearm in furtherance of those crimes. This Court se ntenced Rodriguez principally to a term of life in prison, followed by a mandatory consecutive five-year term for the firearm violation. On February 17, 2006, Rodriguez filed a motion pursuant to 28 U.S.C. § 2255 to vacate, set aside or correct his sentence. The Court denied that motion in an Opinion and Order reported at 438 F.Supp. 2d 449 (S.D.N.Y. 2006) ("the 2006 Order"), familiarity with which is assumed. Rodriguez now moves pro se pursuant to Federal Rule of Civil Procedure 60(b)(6) for relief from the 2006 Order. The government opposes the motion. For the foregoing reasons, Rodriguez does not make that showing in this case. His motion for relief under Rule 60(b )(6) is accordingly DENIED. It is SO ORDERED. (Signed by Judge Charles S. Haight on 9/30/2009 Entered in 94-cr-313) (dnd) Modified on 10/2/2009 (eef).

Date Filed

Document Text

September 30, 2009

Filing 7 MEMORANDUM OPINION AND ORDER. #98099 On May 16, 1995, following a twelve week jury trial, defendant/petitioner Ivan Rodriguez was convicted of murder, conspiracy to commit murder, and the use of a firearm in furtherance of those crimes. This Court se ntenced Rodriguez principally to a term of life in prison, followed by a mandatory consecutive five-year term for the firearm violation. On February 17, 2006, Rodriguez filed a motion pursuant to 28 U.S.C. § 2255 to vacate, set aside or correct his sentence. The Court denied that motion in an Opinion and Order reported at 438 F.Supp. 2d 449 (S.D.N.Y. 2006) ("the 2006 Order"), familiarity with which is assumed. Rodriguez now moves pro se pursuant to Federal Rule of Civil Procedure 60(b)(6) for relief from the 2006 Order. The government opposes the motion. For the foregoing reasons, Rodriguez does not make that showing in this case. His motion for relief under Rule 60(b )(6) is accordingly DENIED. It is SO ORDERED. (Signed by Judge Charles S. Haight on 9/30/2009 Entered in 94-cr-313) (dnd) Modified on 10/2/2009 (eef).

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