Raymond Bingham v. United States of America

Filing 22

ORDER RE PETITIONER'S THIRD MOTION FOR RECONSIDERATION OF PETITIONER'S PETITION FOR RELIEF UNDER CORAM NOBIS AND MOTIONS FOR EMERGENCY RELIEF AND TO INVOKE THE COURT'S EQUITABLE AUTHORITY by Judge Christina A. Snyder: In Petitioner 9;s Third and most recent Motion for Reconsideration 19 , 20 , petitioner focuses his arguments on the retroactive applicability of the Fair Sentencing Act of 2010. Records in a prior federal habeas corpus action brought by petitioner, of which thi s Court has taken judicial notice 21 , show that on 10/10/1997, petitioner filed his first federal habeas corpus petition challenging his sentence. As this Court previously discussed in its 10/19/2010 and 11/30/2010 orders denying petitioner's first and second motions for reconsideration, respectively, the Fair Sentencing Act of 2010 does not apply retroactively. Having considered petitioner's arguments, the Court finds that the record shows conclusively that petitioner is not entitled to the requested relief. The Court concludes that an evidentiary hearing is not required to adjudicate this matter. For the reasons discussed above, petitioner's petition is hereby DISMISSED. (gk)