Osuna v. United States of America

Filing 26

OPINION ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kad)

O s u n a v. United States of America

D o c . 26

UNITED STATES DISTRICT COURT F O R THE WESTERN DISTRICT OF MICHIGAN S O U T H E R N DIVISION

M A R K OSUNA, P l a in tif f , F ile No. 1:08-CV-515 v. H O N . ROBERT HOLMES BELL U N IT E D STATES OF AMERICA, D e f e n d a n t. / OPINION T h is matter comes before the Court on Mark Osuna's motion for a certificate of a p p e a lab ility. (Dkt. No. 23.) On August 17, 2010, this Court denied Movant's motion to v a c a te, set aside, or correct sentence pursuant to 28 U.S.C. § 2255, and denied a certificate o f appealability. (Dkt. No. 18.) The present motion is a motion for reconsideration and is su b jec t to Local Rule 7.4, which states: Generally, and without restricting the discretion of the Court, motions for rec o n sid e ratio n which merely present the same issues ruled upon by the Court s h a ll not be granted. The movant shall not only demonstrate a palpable defect b y which the Court and the parties have been misled, but also show that a d if f ere n t disposition of the case must result from a correction thereof. W.D. Mich. LCivR 7.4(a) (emphasis added). In the motion for reconsideration, Movant alleges that "any rational defendant would h a v e wanted [the] attorney to file an appeal," as shown by the transcript of the plea hearing, a n d that the Court committed plain error during the original trial by accepting his guilty plea.

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(Dkt. No. 23, 2.) Movant made the same allegations in his original § 2255 motion to vacate s e n te n c e and those claims were addressed by this Court. Movant has not demonstrated a p a lp a b le defect by which the Court has been misled and that a different disposition of the c a s e must result from a correction of that defect. This motion for reconsideration merely p re se n ts the same issues ruled upon by the Court. Accordingly, the motion will be denied.

Dated: November 17, 2010

/s/ Robert Holmes Bell ROBERT HOLMES BELL UNITED STATES DISTRICT JUDGE