Legal Opinion

Estevez v. United States

District Court, D. Massachusetts

Decided February 26, 2009No. Civil Action 07-40043-NMGPublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM & ORDER

GORTON, District Judge.

In this habeas petition filed pursuant to 28 U.S.C. § 2255, the petitioner, Nicholas Estevez (“Estevez”), requests that this Court vacate or set aside his conviction and sentence based on a number of alleged constitutional infirmities.

I. Background

A. Factual Background

Estevez was indicted on September 13, 2000, and, along with Miguel Padin (“Pa-din”), charged with one count of conspiracy to distribute cocaine base in violation of 21 U.S.C. § 846 (Count One) and two counts of possession of cocaine base with intent to distribute and distribution of…

2Cases cited21 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. Crawford v. WashingtonSupreme Court of the United States · 2004
  5. Blakely v. WashingtonSupreme Court of the United States · 2004

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3Cited by2 opinions

  1. Estevez v. United StatesDistrict Court, D. Massachusetts · 2009
  2. Samboy v. United StatesDistrict Court, D. Massachusetts · 2010

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