Legal Opinion

Rogers v. United States

District Court, N.D. New York

Decided September 29, 2005No. 5:01-cv-1818Published

1Opinion of the Court

MEMORANDUM-DECISION AND ORDER

MUNSON, Senior District Judge.

INTRODUCTION

Currently before the court is petitioner’s motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. The Government opposes petitioner’s motion and requests that the court deny it in all respects. For the reasons that follow below, the court DENIES petitioner’s motion to vacate his sentence.

BACKGROUND

The background of petitioner’s underlying conviction has been the subject of several published opinions familiarity with which is assumed. The court, however, will briefly summarize the procedural…

2Cases cited30 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Haines v. KernerSupreme Court of the United States · 1972
  3. Apprendi v. New JerseySupreme Court of the United States · 2000
  4. Jones v. BarnesSupreme Court of the United States · 1983
  5. Teague v. LaneSupreme Court of the United States · 1989

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