Yeboah v. USA

Yeboah v. USA

Petitioner:	John Kwabena Yeboah
Respondent:	USA
Case Number:	1:2009cv07410
Filed:	August 24, 2009
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	New York
Presiding Judge:	Gerard E. Lynch
Nature of Suit:	None
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
November 9, 2009	Filing 2 ORDER AND OPINION: As to John Kwabena Yeboah, a federal prisoner, brings this motion pursuant to 28 U.S.C. § 2255, challenging his conviction for conspiracy to import heroin into the United States, and his resulting sentence, principally to 37 m onths imprisonment. Because it plainly appears from the motion... and the record of prior proceedings that this motion is devoid of merit, Rule4(b), Rules Governing Section 2255 Proceedings for the United States District Courts, the motion will be di smissed without the need for a response... In short, Yeboah fails to present any plausible basis for questioning his conviction. Accordingly, the motion pursuant to 28 U.S.C. § 2255 is dismissed. Because he has not made a "a substantial sho wing of the denial of a constitutional right," 28 U.S.C. § 2253(c)(2), a certificate of appealability is not granted. Yeboah may, however, pursue any further appeals in forma pauperis. SO ORDERED. (Signed by Judge Gerard E. Lynch on 11/9/2009) (dnd)

Date Filed

Document Text

November 9, 2009

Filing 2 ORDER AND OPINION: As to John Kwabena Yeboah, a federal prisoner, brings this motion pursuant to 28 U.S.C. § 2255, challenging his conviction for conspiracy to import heroin into the United States, and his resulting sentence, principally to 37 m onths imprisonment. Because it plainly appears from the motion... and the record of prior proceedings that this motion is devoid of merit, Rule4(b), Rules Governing Section 2255 Proceedings for the United States District Courts, the motion will be di smissed without the need for a response... In short, Yeboah fails to present any plausible basis for questioning his conviction. Accordingly, the motion pursuant to 28 U.S.C. § 2255 is dismissed. Because he has not made a "a substantial sho wing of the denial of a constitutional right," 28 U.S.C. § 2253(c)(2), a certificate of appealability is not granted. Yeboah may, however, pursue any further appeals in forma pauperis. SO ORDERED. (Signed by Judge Gerard E. Lynch on 11/9/2009) (dnd)

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Petitioner: John Kwabena Yeboah
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