Nunez v. United States of America

Nunez v. United States of America

Plaintiff:	Miguel Nunez
Defendant:	United States Of America
Case Number:	1:2016cv04742
Filed:	June 21, 2016
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	XX Out of State
Presiding Judge:	Lewis A. Kaplan
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
May 24, 2018	Filing 18 MEMORANDUM OPINION re: 1 MOTION to Vacate, Set Aside or Correct Sentence (28 U.S.C. 2255). The motion [DI 1] is denied, but I grant a certificate of appealability on the issue of whether his motion is timely pursuant to 28 U.S.C. § 2255(f )(3). Should the Supreme Court eventually determine that Johnson does apply retroactively to the pre-Booker residual clause of the career offender guideline, movant might be in a position at that point to make another motion under 28 U.S.C. § 2255. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 5/24/2018) (anc)

Date Filed

Document Text

May 24, 2018

Filing 18 MEMORANDUM OPINION re: 1 MOTION to Vacate, Set Aside or Correct Sentence (28 U.S.C. 2255). The motion [DI 1] is denied, but I grant a certificate of appealability on the issue of whether his motion is timely pursuant to 28 U.S.C. § 2255(f )(3). Should the Supreme Court eventually determine that Johnson does apply retroactively to the pre-Booker residual clause of the career offender guideline, movant might be in a position at that point to make another motion under 28 U.S.C. § 2255. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 5/24/2018) (anc)

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Defendant: United States Of America
Represented By:	Nathan Martin Rehn
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Plaintiff: Miguel Nunez
Represented By:	Susanne Brody
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