Melendez v. USA

Melendez v. USA

Case Number:	1:2009cv02524
Filed:	March 19, 2009
Court:	US District Court for the Southern District of New York
Office:	Prisoner: Vacate Sentence Office
Presiding Judge:	Harold Baer
Nature of Suit:	None
Cause of Action:	U.S. Government Defendant
Jury Demanded By:	28:2255 Motion to Vacate / Correct Illegal Sentenc

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Date Filed	Document Text
May 5, 2010	Filing 7 OPINION & ORDER. #98902 On October 20, 2005, Jesus Melendez ("Petitioner" or "Melendez") was sentenced to an 87-month term of imprisonment and four years of supervised release for illegal reentry and conspiring to distribute heroi n. In a motion dated May 26, 2009, Melendez filed a petition for a writ of habeas corpus to vacate, set aside, or correct his sentence, pursuant to 28 U.S.C. Section 2255. Melendez claims that he was denied effective assistance of counsel in violatio n of the Sixth Amendment. Petitioner also claims that the delay in filing his untimely habeas petition should be equitably tolled due to extraordinary circumstances. For the reasons stated below, the petition is DENIED....[see Order]... IV. CONCLUSIO N: For the foregoing reasons, Melendez's petition to vacate his sentence pursuant to 28 U.S.C. Section 2255 is DENIED. A certificate of appealability will not issue because Petitioner has failed to make a substantial showing of the denial of a federal right. See 28 U.S.C. Section 2253. The Clerk of the Court is directed to close all related matters and remove them from my docket. SO ORDERED. (Signed by Judge Harold Baer on 5/4/2010) [* Also docketed in related Criminal Case 04-cr-745(HB); and in cases 09-cv-2525(HB), 04-cr-1097(HB). *] (bw) Modified on 5/6/2010 (ajc).

Date Filed

Document Text

May 5, 2010

Filing 7 OPINION & ORDER. #98902 On October 20, 2005, Jesus Melendez ("Petitioner" or "Melendez") was sentenced to an 87-month term of imprisonment and four years of supervised release for illegal reentry and conspiring to distribute heroi n. In a motion dated May 26, 2009, Melendez filed a petition for a writ of habeas corpus to vacate, set aside, or correct his sentence, pursuant to 28 U.S.C. Section 2255. Melendez claims that he was denied effective assistance of counsel in violatio n of the Sixth Amendment. Petitioner also claims that the delay in filing his untimely habeas petition should be equitably tolled due to extraordinary circumstances. For the reasons stated below, the petition is DENIED....[see Order]... IV. CONCLUSIO N: For the foregoing reasons, Melendez's petition to vacate his sentence pursuant to 28 U.S.C. Section 2255 is DENIED. A certificate of appealability will not issue because Petitioner has failed to make a substantial showing of the denial of a federal right. See 28 U.S.C. Section 2253. The Clerk of the Court is directed to close all related matters and remove them from my docket. SO ORDERED. (Signed by Judge Harold Baer on 5/4/2010) [*** Also docketed in related Criminal Case 04-cr-745(HB); and in cases 09-cv-2525(HB), 04-cr-1097(HB). ***] (bw) Modified on 5/6/2010 (ajc).

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