Xia v. United States of America

Xia v. United States of America

Plaintiff:	Shu Feng Xia
Defendant:	United States of America
Case Number:	1:2014cv07978
Filed:	September 24, 2014
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	New York
Presiding Judge:	Ronnie Abrams
Nature of Suit:	Motions to Vacate Sentence
Cause of Action:	28 U.S.C. § 2255
Jury Demanded By:	None

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Date Filed	Document Text
October 9, 2014	Filing 4 OPINION AND ORDER: The Court has reviewed Xia's submissions, which, as indicated, may be construed as raising various arguments, including claims regarding the ineffective assistance of counsel and the reasonableness of his sentence. In light of the likelihood that Xia will raise issues on his direct appeal other than the ineffective assistance of counsel, the Court concludes that the prudent path at this juncture is to allow the Court of Appeals to decide his appeal before entertaining his habeas petition. Accordingly, Xia's motion under 28 U.S.C. § 2255 is denied without prejudice to re-refile after his direct appeal is decided. The Clerk of Court is directed to mail a copy of this Order to Xia at both of the following addresses (see order). (Signed by Judge Ronnie Abrams on 10/9/2014) (ajs)

Date Filed

Document Text

October 9, 2014

Filing 4 OPINION AND ORDER: The Court has reviewed Xia's submissions, which, as indicated, may be construed as raising various arguments, including claims regarding the ineffective assistance of counsel and the reasonableness of his sentence. In light of the likelihood that Xia will raise issues on his direct appeal other than the ineffective assistance of counsel, the Court concludes that the prudent path at this juncture is to allow the Court of Appeals to decide his appeal before entertaining his habeas petition. Accordingly, Xia's motion under 28 U.S.C. § 2255 is denied without prejudice to re-refile after his direct appeal is decided. The Clerk of Court is directed to mail a copy of this Order to Xia at both of the following addresses (see order). (Signed by Judge Ronnie Abrams on 10/9/2014) (ajs)

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Plaintiff: Shu Feng Xia
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