Legal Opinion

Perez v. United States

District Court, N.D. New York

Decided August 15, 2006No. 1:05-cv-1294PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM — DECISION AND ORDER 1

KAHN, District Judge.

Presently before the Court is a petition and supporting documentation for a writ of habeas corpus filed by Duarnis Perez (“Perez” or “Petitioner”), pursuant to 28 U.S.C. § 2255 (“ § 2255 petition”). See Dkt. Nos. 1, 3. For the following reasons, the petition is granted.

I. BACKGROUND

On July 5, 1996, Perez was deported to the Dominican Republic after he was convicted of, and on the basis of, an aggravated felony, specifically, the manufacture and delivery of heroin. Plea Tr. (Case No. 00-CR-266, Dkt. No. 19) at 15. At the time of his…

2Cases cited35 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Schlup v. DeloSupreme Court of the United States · 1995
  3. United States v. BagleySupreme Court of the United States · 1985
  4. Murray v. CarrierSupreme Court of the United States · 1986
  5. Giglio v. United StatesSupreme Court of the United States · 1972

30 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. United States v. ClarkeDistrict Court, District of Columbia · 2011
  2. United States v. CasasolaCourt of Appeals for the Ninth Circuit · 2012
  3. Tiscareno v. AndersonCourt of Appeals for the Tenth Circuit · 2011
  4. Masters v. BellDistrict Court, N.D. New York · 2020
  5. Stein v. StalloneDistrict Court, N.D. New York · 2019

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API