Sanchez v. United States of America

Sanchez v. United States of America

Plaintiff:	Christian Sanchez
Defendant:	United States of America
Case Number:	7:2016cv09418
Filed:	December 5, 2016
Court:	US District Court for the Southern District of New York
Office:	White Plains Office
County:	Westchester
Presiding Judge:	Cathy Seibel
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
June 28, 2022	Filing 48 AMENDED ORDER: No purpose would be served by vacating the sentences on Counts 29, 39 and 40 and resentencing. I therefore vacate the conviction and sentence on Count 30 in accordance with my previous decision, (ECF No. 1237), and will enter an ame nded judgment reflecting the same. As Petitioner makes no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253; Mathews v. United States, 682 F.3d 180, 185 (2d Cir. 2012). The Clerk of Court shall docket this Order in No. 10-CR-392 and No. 16-CV-9418. SO ORDERED. (Signed by Judge Cathy Seibel on 6/28/2022) (mml)
March 25, 2021	Filing 38 ORDER re: 1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by Christian Sanchez. For the reasons stated above, the Petition is granted as to Count 30 and otherwise denied. As Petitioner makes no substantial showing of a denial of a c onstitutional right except as to Count 30, a certificate of appealability will not issue. See 28 U.S.C. § 2253; Mathews v. United States, 682 F.3d 180, 185 (2d Cir. 2012). The Clerk of Court shall docket this Order in No. 10-CR-392 and No. 16-CV -9418, and close No. 16-CV-9418. It appears to the Court that the conviction and sentence on Count 30 should simply be vacated. But Petitioner argues that he is entitled to a plenary re-sentencing at which he would get the benefit of Section 403 of the First Step Act, which provided that § 924(c) and (j) convictions returned at the same trial should not be "stacked." (Doc. 1158 at 5.) This argument was made in reply and the Government has not had the opportunity to respond to it. Accordingly, the Government shall state its position by letter no later than April 22, 2021, and Petitioner may reply no later than May 6, 2021. SO ORDERED. (Signed by Judge Cathy Seibel on 3/25/2021) (mml)

Date Filed

Document Text

June 28, 2022

Filing 48 AMENDED ORDER: No purpose would be served by vacating the sentences on Counts 29, 39 and 40 and resentencing. I therefore vacate the conviction and sentence on Count 30 in accordance with my previous decision, (ECF No. 1237), and will enter an ame nded judgment reflecting the same. As Petitioner makes no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253; Mathews v. United States, 682 F.3d 180, 185 (2d Cir. 2012). The Clerk of Court shall docket this Order in No. 10-CR-392 and No. 16-CV-9418. SO ORDERED. (Signed by Judge Cathy Seibel on 6/28/2022) (mml)

March 25, 2021

Filing 38 ORDER re: 1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by Christian Sanchez. For the reasons stated above, the Petition is granted as to Count 30 and otherwise denied. As Petitioner makes no substantial showing of a denial of a c onstitutional right except as to Count 30, a certificate of appealability will not issue. See 28 U.S.C. § 2253; Mathews v. United States, 682 F.3d 180, 185 (2d Cir. 2012). The Clerk of Court shall docket this Order in No. 10-CR-392 and No. 16-CV -9418, and close No. 16-CV-9418. It appears to the Court that the conviction and sentence on Count 30 should simply be vacated. But Petitioner argues that he is entitled to a plenary re-sentencing at which he would get the benefit of Section 403 of the First Step Act, which provided that § 924(c) and (j) convictions returned at the same trial should not be "stacked." (Doc. 1158 at 5.) This argument was made in reply and the Government has not had the opportunity to respond to it. Accordingly, the Government shall state its position by letter no later than April 22, 2021, and Petitioner may reply no later than May 6, 2021. SO ORDERED. (Signed by Judge Cathy Seibel on 3/25/2021) (mml)

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Defendant: United States of America
Represented By:	Abigail S. Kurland
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Plaintiff: Christian Sanchez
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