Legal Opinion
Rodriguez v. United States
District Court, S.D. New York
Decided June 26, 1996No. 96 Civ. 2107 (SWK)PublishedCited by 25 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
KRAM, District Judge.
In -this motion brought pursuant to 28 U.S.C. § 2255, petitioner Madeline Rodriguez (“Rodriguez”) moves to vacate her conviction under 18 U.S.C. § 924(c) based on the Supreme Court’s recent decision in Bailey v. United States, — U.S. -, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995). Although the Government does not oppose petitioner’s motion, it seeks the restoration of the original, indictment or, in the alternative, resentencing on the other count to which Rodriguez pled guilty as part of any relief. For the reasons that follow, the motion to vacate…
2Cases cited27 opinions
- Bailey v. United StatesSupreme Court of the United States · 1995
- Hill v. United StatesSupreme Court of the United States · 1962
- Leary v. United StatesSupreme Court of the United States · 1969
- Ralph Henry Cooper v. United StatesCourt of Appeals for the Fourth Circuit · 1979
- John Billy-Eko v. United StatesCourt of Appeals for the Second Circuit · 1993
22 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- United States v. Barry Davis, A/K/A "Mark Johnson"Court of Appeals for the Third Circuit · 1997
- United States v. BunnerCourt of Appeals for the Tenth Circuit · 1998
- United States v. Raphael Podde, Gabriel ReguerCourt of Appeals for the Second Circuit · 1997
- United States v. TolsonDistrict Court, District of Columbia · 1996
- United States v. Damond Greg GogginsCourt of Appeals for the Third Circuit · 1996
20 more not listed; retrieve them via the Exa API.