Kitroser v. United States of America

Kitroser v. United States of America

Plaintiff:	Roman Kitroser
Defendant:	United States Of America
Case Number:	1:2017cv04142
Filed:	June 2, 2017
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
Presiding Judge:	Katherine Polk Failla
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 22, 2019	Filing 4 OPINION AND ORDER: In connection with this motion, this Court received a private letter from Roman Kitroser, building upon themes discussed at his sentencing and providing information concerning both the lessons he has learned as a result of this prosecution and his abiding hope that his young son chooses a different path. The undersigned is gratified to receive the letter, and was deeply moved by its contents. The fact remains that Kitroser has not identified a basis to vacate his prior co nviction or sentence. The arguments he now makes studiously avoid reference to the two years' worth of investigative efforts undertaken independently of the California Wiretap. Separately, however much Kitroser has grown while incarcerated, th e fact remains that his involvement in narcotics trafficking was more widespread, and carried greater risks to co-conspirators and to the public, than any other narcotics defendant the Court has sentenced. The Court's below-Guidelines sentence adequately balanced the danger (from both the narcotics and the weapons) caused by Kitroser and the possibility of his reform. The Court sees no basis in the law to disturb that sentence. Kitroser's motion under 28 U.S.C. § 2255 is DENIED. A certificate of appealability shall be not granted, because Kitroser has not made a substantial showing of a denial of a federal 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). The Clerk of Court directed to terminate all pending motions, adjourn all remaining dates and close this case. (Signed by Judge Katherine Polk Failla on 10/22/2019) (rro)

Date Filed

Document Text

October 22, 2019

Filing 4 OPINION AND ORDER: In connection with this motion, this Court received a private letter from Roman Kitroser, building upon themes discussed at his sentencing and providing information concerning both the lessons he has learned as a result of this prosecution and his abiding hope that his young son chooses a different path. The undersigned is gratified to receive the letter, and was deeply moved by its contents. The fact remains that Kitroser has not identified a basis to vacate his prior co nviction or sentence. The arguments he now makes studiously avoid reference to the two years' worth of investigative efforts undertaken independently of the California Wiretap. Separately, however much Kitroser has grown while incarcerated, th e fact remains that his involvement in narcotics trafficking was more widespread, and carried greater risks to co-conspirators and to the public, than any other narcotics defendant the Court has sentenced. The Court's below-Guidelines sentence adequately balanced the danger (from both the narcotics and the weapons) caused by Kitroser and the possibility of his reform. The Court sees no basis in the law to disturb that sentence. Kitroser's motion under 28 U.S.C. § 2255 is DENIED. A certificate of appealability shall be not granted, because Kitroser has not made a substantial showing of a denial of a federal 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). The Clerk of Court directed to terminate all pending motions, adjourn all remaining dates and close this case. (Signed by Judge Katherine Polk Failla on 10/22/2019) (rro)

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Defendant: United States Of America
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Plaintiff: Roman Kitroser
Represented By:	Marc Allan Fernich
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