Legal Opinion
Tapia-Garcia v. United States
District Court, S.D. New York
Decided May 24, 1999No. 98 CIV.3465(HB)(AJP)PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
BAER, District Judge. 1
Juan Tapia-Garcia (the “petitioner”) moves pursuant to 28 U.S.C. Section 2255, to set aside his guilty plea to the crime of re-entry after deportation following an aggravated felony in violation of 8 U.S.C. Section 1326(b)(2). I referred this matter to Magistrate Judge Peck, who issued a Report and Recommendation (the “Report”) on November 3, 1998 and recommended that the petitioner’s motion to vacate his conviction be denied. The petitioner filed timely objections. For the reasons stated below, I agree with Judge Peck.
I. BACKGROUND
The procedural…
2Cases cited73 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Thomas v. ArnSupreme Court of the United States · 1986
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Hill v. LockhartSupreme Court of the United States · 1985
- United States v. FradySupreme Court of the United States · 1982
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3Cited by4 opinions
- Garafola v. United StatesDistrict Court, S.D. New York · 2012
- Martinez v. WalkerDistrict Court, W.D. New York · 2005
- Santiago Gonzalez v. United StatesDistrict Court, S.D. New York · 2002
- La Barbera v. A.F.C. Enterprises, Inc.District Court, S.D. New York · 2005