Legal Opinion

Rosario v. United States

District Court, S.D. New York

Decided April 11, 2008No. 05 CIV 6096 (HB), 07 CIV 8260 (HB)PublishedCited by 5 opinions

1Opinion of the Court

OPINION & ORDER

HAROLD BAER, JR., District Judge * :

Pro se petitioner Francisco Rosario (“Petitioner”) filed the instant two motions to vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255 on June 30, 2005 and September 24, 2007. The Government submitted a memorandum in opposition to both motions on March 14, 2008. For the reasons set forth below, Petitioner’s motions are DENIED.

I. BACKGROUND

On April 4, 2000, Petitioner pleaded guilty to conspiracy, with intent to distribute, five kilograms or more of cocaine. On May 4, 2000, this Court sentenced him to 120 months’…

2Cases cited21 opinions

  1. Rumsfeld v. PadillaSupreme Court of the United States · 2004
  2. Shepard v. United StatesSupreme Court of the United States · 2005
  3. Koon v. United StatesSupreme Court of the United States · 1996
  4. Kimbrough v. United StatesSupreme Court of the United States · 2007
  5. United States v. Tyrone Perez, Also Known as Larry, Also Known as StarkyCourt of Appeals for the Second Circuit · 1997

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3Cited by5 opinions

  1. United States v. ThompsonDistrict Court, District of Columbia · 2008
  2. Fred Asante v. United States of AmericaDistrict Court, S.D. New York · 2025
  3. McPherson v. United StatesDistrict Court, S.D. New York · 2020
  4. McPherson v. United StatesDistrict Court, S.D. New York · 2020
  5. Vasquez v. United StatesDistrict Court, S.D. New York · 2010

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