Fernandez v. United States of America

Justia Dockets & Filings Second Circuit New York Southern District Fernandez v. United States of America

Fernandez v. United States of America

Plaintiff:	Joe Fernandez
Defendant:	United States of America
Case Number:	1:2017cv04806
Filed:	June 23, 2017
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
Presiding Judge:	Alvin K. Hellerstein
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
November 13, 2017	Filing 6 OPINION AND ORDER DENYING PETITION FOR A WRIT OF HABEAS CORPUS re: 1 MOTION to Vacate, Set Aside or Correct Sentence (28 U.S.C. 2255). Petitioner has provided no evidence tending to show that his trial counsel's performance was deficient und er the test set out in Strickland. Petitioner cannot show "that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different." Strickland, 466 U.S. at 694. Fo r the reasons discussed herein, the petition is denied. The clerk is instructed to enter judgment, close the file, and tax costs as appropriate. As to appealability, however, petitioner has sufficiently raised a substantial legal question, and I gr ant a certificate of appealability, see 28 U.S.C. § 2253(c)(1), particularly since the sufficiency of my charge is in issue, and as further set forth herein. (Signed by Judge Alvin K. Hellerstein on 11/13/2017) (ras) Modified on 11/14/2017 (ras). Modified on 11/14/2017 (ras).

Date Filed

Document Text

November 13, 2017

Filing 6 OPINION AND ORDER DENYING PETITION FOR A WRIT OF HABEAS CORPUS re: 1 MOTION to Vacate, Set Aside or Correct Sentence (28 U.S.C. 2255). Petitioner has provided no evidence tending to show that his trial counsel's performance was deficient und er the test set out in Strickland. Petitioner cannot show "that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different." Strickland, 466 U.S. at 694. Fo r the reasons discussed herein, the petition is denied. The clerk is instructed to enter judgment, close the file, and tax costs as appropriate. As to appealability, however, petitioner has sufficiently raised a substantial legal question, and I gr ant a certificate of appealability, see 28 U.S.C. § 2253(c)(1), particularly since the sufficiency of my charge is in issue, and as further set forth herein. (Signed by Judge Alvin K. Hellerstein on 11/13/2017) (ras) Modified on 11/14/2017 (ras). Modified on 11/14/2017 (ras).

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