Rosario v. Colvin

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK JORGE ROSARIO, Petitioner, -against- 9:18-CV-0988 (LEK) JOHN COLVIN, Respondent. MEMORANDUM-DECISION AND ORDER I. INTRODUCTION Petitioner Jorge Rosario filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Dkt. No. 1 (“Petition”).1 He raises the following grounds for federal habeas relief: trial counsel was ineffective (“Ground One”); the sentence imposed was “vindictive in retaliation for [Petitioner’s] exercise [of] his right to trial” (“Ground Two”); and count three of the indictment charging him with unlawful…