Legal Opinion
Pena v. United States
Court of Appeals for the Second Circuit
Decided July 21, 2008No. Docket 06-0218-prPublishedCited by 24 opinions
1Per curiam
Manuel Pena appeals from a judgment of the United States District Court for the Southern District of New York (Peck, C. Mag. J.), denying his motion pursuant to 28 U.S.C. § 2255 to recall the mandate to permit him to file for certiora-ri. He alleges that his appellate counsel was constitutionally ineffective for failing to inform him of his right to do so. 3 We disagree and affirm. 4
BACKGROUND
In 2001, Pena was convicted of conspiracy to distribute heroin and sentenced prin cipally to life imprisonment. See 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A), 846. Pena retained new counsel for his direct…
2Cases cited20 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- United States v. BookerSupreme Court of the United States · 2004
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Pennsylvania v. FinleySupreme Court of the United States · 1987
- Evitts v. LuceySupreme Court of the United States · 1985
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3Cited by24 opinions
- Clinton Folkes v. Warden NelsenCourt of Appeals for the Fourth Circuit · 2022
- Nichols v. United StatesCourt of Appeals for the Sixth Circuit · 2009
- Nnebe v. United StatesCourt of Appeals for the Second Circuit · 2008
- Michael David Carruth v. Commissioner, Alabama Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2024
- United States v. GomezDistrict Court, S.D. New York · 2009
19 more not listed; retrieve them via the Exa API.