Legal Opinion

United States v. Padilla

District Court, E.D. Virginia

Decided March 19, 2007No. Criminal 1:04cr318Published

1Opinion of the Court

ORDER

ELLIS, District Judge.

The matter is before the Court on petitioner’s 1 pro se motion for a “writ of habe-as corpus submitted as audita querela.” In substance, petitioner requests that his sentence, as he puts it, be “trimmed” by ten percent because petitioner, a non-U.S. citizen, will be transferred to the custody of Immigration and Customs Enforcement (“ICE”) following his incarceration to effectuate his removal from the United States. This transfer, petitioner contends, “will take several months and may expose [him] to additional punishment by way of additional imprisonment.” Given…

2Cases cited15 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Pennsylvania v. FinleySupreme Court of the United States · 1987
  3. Sherwood L. Hill v. D. A. Braxton, Buckingham Correctional CenterCourt of Appeals for the Fourth Circuit · 2002
  4. Kenneth Bernard Rouse v. R.C. Lee, Warden, Central Prison, Raleigh, North CarolinaCourt of Appeals for the Fourth Circuit · 2003
  5. United States v. Francisco Moreno Sosa, A/K/A Franco HernandezCourt of Appeals for the Fourth Circuit · 2004

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