Hernandez v. USA - 2255

Filing 2

MEMORANDUM. Signed by Judge J. Frederick Motz on 6/23/2015. (c/m)(hmls, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND

UNITED STATES OF AMERICA

v.

VINCENT HERNANDEZ

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Criminal No. – JFM-10-0266
Civil No. JFM-15-802

MEMORANDUM

Vincent Hernandez has filed a motion under 28 U.S.C. §2255. The motion will be
denied.
Federal statutes criminalizing the use and distribution of narcotics are constitutional.
Gonzalez v. Rauch, 545 U.S. 1 (2005); United States v. Harbin, 2007 U.S. Dist. LEXIS 70033, at
*13-14 (S.D. Tex. Sept. 21, 2007).
Count II of the indictment was not “constructively amended.” There is sufficient
evidence to establish that Hernandez possessed a firearm in furtherance of the conspiracy
charged in count I.
Trial counsel was not at all ineffective in cross-examining the witnesses for the
Government. Indeed, he was quite effective in doing so. His representation otherwise was
effective in all respects.
A separate order denying Hernandez’s motion is being entered herewith.

Date: June 23, 2015

/s/
J. Frederick Motz
United States District Judge

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