McKnight v. United States of America
| Christian McKnight |
| USA |
| 1:2019cv02585 |
| March 21, 2019 |
| US District Court for the Southern District of New York |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
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Filing
31
ORDER: On December 25, 2021, Movant filed a notice of appeal from the Court's order denying his motion under 28 U.S.C. § 2255. Dkt. 314. A certificate of appealability will only be granted if the Movant "has made a substantial s howing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). See United States v. Perez, 129 F.3d 255, 259-60 (2d Cir. 1997) (discussing the standard for issuing a certificate of appealability). This Court did not previously grant a certificate of appealability and, because it finds that Movant has not sustained this burden it declines to issue one. Furthermore, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from the Court's prior O rder would not be taken in good faith. See Coppedge v. United States, 369 U.S. 438, 444 (1962). The Clerk of Court is respectfully directed to mail this order to the pro se Movant. SO ORDERED. (Signed by Judge John P. Cronan on 12/28/2021) (vfr) Transmission to Docket Assistant Clerk for processing.
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Filing
29
OPINION AND ORDER: Because Davis did not impact the validity of the drug trafficking predicate to McKnight's section 924(c) conviction, and an adequate factual basis existed for McKnight's guilty plea as to that drug trafficking predi cate, his motion to vacate his sentence is denied. The Clerk of Court is respectfully directed to close the motions pending at Docket Numbers 255 and 289 in case 15 Cr. 607, to close case 19 Civ. 2585, and to mail this Opinion and Order to the pro se movant. SO ORDERED. (Signed by Judge John P. Cronan on 12/1/2021) (jca)
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Filing
27
ORDER: This case was reassigned to the undersigned on July 29, 2021. No later than November 12, 2021, the Government shall inform the Court whether it continues to argue that McKnight's motion to vacate should be denied in light of the waive r in McKnight's plea agreement. The Clerk of Court is respectfully directed to mail this order to the pro se petitioner. SO ORDERED. (Signed by Judge John P. Cronan on 11/5/2021) (jca) Transmission to Docket Assistant Clerk for processing.
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Filing
20
ORDER re: 19 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by Christian McKnight. Having reviewed Petitioner's amended § 2255 application to vacate his sentence, this Court hereby orders the Government to respond to Petiti oner's application by March 8, 2021. Petitioner may file any reply papers no later than April 8, 2021. This Court will take the motion on submission. Chambers staff will mail a copy of this Order to Petitioner. SO ORDERED. (Responses due by 3/8/2021, Replies due by 4/8/2021.) (Signed by Judge William H. Pauley, III on 1/6/2021) (kv)
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