Herrera v. Federal Correctional Institution, Miami et al
| Virigilio Herrera |
| Federal Correctional Institution, Miami and Kenneth Atkinson |
| 1:2010cv04522 |
| June 8, 2010 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Unassigned |
| General |
| 28 U.S.C. ยง 2241 |
| None |
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Filing
10
MEMORANDUM OPINION AND ORDER: The Clerk of Court is directed to transfer this matter to the Court of Appeals for the Second Circuit in the interest of justice. This order closes this case. Because the petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. The Court of Appeals for the Second Circuit may wish to consider whether any relief is appropriate in this case in view of the fact that the defendant was convicte d of a fire arms offense which resulted in a mandatory minimum sentence that was consecutive to the sentence for his narcotics offense. The validity of the mandatory minimum in these circumstances is under review by the Supreme Court of the United States. SO ORDERED. (Signed by Judge John G. Koeltl on 6/26/2010) (tve)
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