Karimu v. United States of America
||March 12, 2013
||New York Southern District Court
||Foley Square Office
||P. Kevin Castel
|Nature of Suit:
||Prisoner: Vacate Sentence
|Cause of Action:
||28:2255 Motion to Vacate / Correct Illegal Sentenc
|Jury Demanded By:
Available Case Documents
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|Date Filed||#||Document Text|
|August 6, 2013
MEMORANDUM AND ORDER re: 2 Motion to Vacate/Set Aside/Correct Sentence (2255), Motion to Vacate/Set Aside/Correct Sentence (2255) filed by Faruk Karimu. The Court concludes that the knowing and voluntary plea of guilty precludes any non-jurisdictio nal challenges to the conduct of the case. Karimu's knowing and voluntary entry into the Plea Agreement, which included a waiver of the right to challenge a sentence within the Stipulated Guidelines Range set forth therein, forecloses any chall enge to the sentence received. Karimu's counsel's performance did not fall below an objective standard of reasonableness based on prevailing professional norms. The petition is DENIED and the case is closed. Petitioner has not made a subst antial showing of the denial of a constitutional right and, accordingly, a certificate of appealability will not issue. 28 U.S.C. § 2253; see Lozada v. United States, 107 F.3d 1011, 1016-17 (2d Cir. 1997), abrogated on other grounds by United St ates v. Perez, 129 F.3d 255, 259-60 (2d Cir. 1997). This Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith and in forma pauperis status is denied. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge P. Kevin Castel on 8/6/2013) (ja)
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