Gonzalez v. USA
| William Marcos Gonzalez |
| USA |
| 1:2014cv08760 |
| October 28, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Westchester |
| Denise L. Cote |
| Motions to Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
13
OPINION AND ORDER.....William Marcos Gonzalezs October 28, 2014 petition for a writ of habeas corpus is denied. In addition, a certificate of appealability shall be not granted. The petitioner has not made a substantial showing of a denial of a fed eral right and appellate review is, therefore, not warranted. Hoffler v. Bezio, 726 F.3d 144, 154 (2d Cir. 2013); Tankleff v. Senkowski, 135 F.3d 235, 241 (2d Cir. 1998); Rodriquez v. Scully, 905 F.2d 24, 24 (2d Cir. 1990). Pursuant to 28 U.S.C. &# 167; 1915(a)(3), any appeal from this Opinion and Order would not be taken in good faith. Coppedge v. United States, 369 U.S. 438, 445 (1962). The Clerk of Court shall close the case. (Signed by Judge Denise L. Cote on 1/21/2016) Copy Mailed By Chambers to William Marcos Gonzalez. (gr)
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Filing
7
OPINION & ORDER...Gonzalezs petition did not afford adequate notice of the nature of the arguments in his September 3 response. Accordingly, the Government will be given an opportunity to respond to the two arguments identified here that were made in Gonzalezs September 3 memorandum. (Signed by Judge Denise L. Cote on 9/17/2015) Copies Mailed By Chambers to William Marcos Gonzalez. (gr)
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Filing
2
OPINION & ORDER as to William Marcos Gonzalez...Gonzalez's October 22 petition for a writ of habeas corpus is denied to the extent that it is premised on the existence of a conflict of interest. Gonzalez's claim based on the amendments to the Guidelines is converted to a petition for a reduction of sentence. The remaining claim asserting ineffective assistance in connection with Gonzalez's uncounseled prior conviction is not subject to summary dismissal. An Order accompanies this Opinion directing the U.S. Attorney's Office to respond to the claim in Gonzalez's petition. (Signed by Judge Denise L. Cote on 5/12/2015) Copies Mailed By Chambers. (gr)
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| Defendant: USA | |
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| Plaintiff: William Marcos Gonzalez | |
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