Crisostomo v. USA
Juan Cruz Crisostomo |
USA |
1:2010cv03452 |
April 26, 2010 |
US District Court for the Southern District of New York |
Foley Square Office |
New York |
Kimba M. Wood |
Motions to Vacate Sentence |
28 U.S.C. ยง 2255 |
None |
Available Case Documents
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Filing 8 AMENDED OPINION & ORDER. For the reasons set forth above, the Court DENIES Petitioner's motion to vacate, set aside, or correct his sentence pursuant to Section 2255. A certificate of appealability will not issue because Petitioner has not made a substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253(c)(2); Fed. R. App. P. 22(b). 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. (Signed by Judge Kimba M. Wood on 11/19/2012) (lmb) |
Filing 7 OPINION & ORDER: Pro se petitioner Juan Cruz Crisostomo (Petitioner) petitions for a writ of habeas corpus pursuant to 28 U.S.C. § 2255 (Section 2255), asking the Court to vacate, set-aside, or correct his sentence on the grounds that: (1) his s entence is substantively unreasonable because his co-defendant received a lesser sentence; (2) the Government acted vindictively and in ignorance of the facts of the case at sentencing; and (3) the Court should have used its discretion to impose a be low-Guidelines sentence. [Dkt. No. 1.] For the reasons set forth below, the Court DENIES the petition. For the reasons set forth above, the Court DENIES Petitioner's motion to vacate, setaside, or correct his sentence pursuant to Section 2255. A certificate of appealability will not issue because Petitioner has not made a substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253(c)(2); Fed. R. App. P. 22(b). 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. The Clerk of Court is directed to close this case. Any pending motions are moot. (Signed by Judge Kimba M. Wood on 11/19/2012) (mt) |
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Respondent: USA | |
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Petitioner: Juan Cruz Crisostomo | |
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