Yushuvayev v. United States

MEMORANDUM AND ORDER

GLASSER, Senior District Judge.

Petitioner Nisim Yushuvayev seeks an order pursuant to 28 U.S.C. § 2255 (“Section 2255”) vacating his conviction and sentence in the underlying criminal action, United States v. Kang, 04-CR-87. Mr. Yushuvayev alleges that he was ineffectively assisted by his attorney, Barry Zone, in several ways, most prominently by Mr. Zone’s advising Mr. Yushuvayev to accept a plea agreement which included a stipulation that Mr. Yushuvayev’s crime involved kidnapping and conspiracy to kidnap, and by failing to move to dismiss the indictment, which allegedly…