Legal Opinion

Mendez v. United States

District Court, S.D. New York

Decided July 28, 2005No. 02 Civ. 10265(DC), 96 Cr. 0317(DC)PublishedCited by 1 opinion

1Opinion of the Court

OPINION

CHIN, District Judge.

Pro se petitioner Jesus Mendez moves pursuant to 28 U.S.C. § 2255 to vacate, set aside, or correct his sentence. Mendez challenges his conviction on five grounds of ineffective assistance of appellate counsel, arguing that appellate counsel’s failure to raise a number of arguments violated his Sixth Amendment rights. Mendez also moves for discovery pursuant to Rule 6(a) of the Rules Governing § 2255 Proceedings. For the reasons set forth below, Mendez’s motions pursuant to § 2255 and Rule 6(a) are denied.

PROCEDURAL HISTORY

After a jury trial, Mendez was convicted on…

2Cases cited28 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Apprendi v. New JerseySupreme Court of the United States · 2000
  3. United States v. BookerSupreme Court of the United States · 2004
  4. Blakely v. WashingtonSupreme Court of the United States · 2004
  5. Delaware v. Van ArsdallSupreme Court of the United States · 1986

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3Cited by1 opinion

  1. Mendez v. United StatesDistrict Court, S.D. New York · 2020

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