Ceasar v. USA

Filing 2

///ORDER, Dismissed 1 Motion to Vacate Sentence - 2255. Signed by Judge Joseph A. DiClerico Jr. (Attachments: # 1 order dated 5/12/04)(amm)

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Ceasar v. USA Doc. 2 Case 1:07-cv-00196-JD Document 2 Filed 06/29/2007 Page 1 of 2 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE Kermit Ceasar v. United States of America ORDER Defendant has filed a motion to enforce a plea agreement in Case No. 02-cr-22-01-JD. He is seeking to withdraw his plea or Civil No. 07-196-JD to be resentenced in accordance with his understanding of the plea agreement. This motion is in effect a petition brought pursuant to 28 U.S.C. 2255. On February 17, 2004, the defendant filed a 2255 petition in Case No. 04-cv-58-JD in which he claimed that the government breached the plea agreement and his counsel was ineffective in Case No. 02-cv-22-01-JD. That petition was dismissed by order of the court dated May 12, 2004, a copy of which is attached hereto. The court declined to issue a certificate of appealability and on appeal his request for a certificate was denied on February 9, 2005 (Court of Appeals Docket #04-1885). Dockets.Justia.com Case 1:07-cv-00196-JD Document 2 Filed 06/29/2007 Page 2 of 2 The instant motion is a second or successive petition and must be filed in the Court of Appeals. Therefore, the petition is dismissed. SO ORDERED. 28 U.S.C. 2255. ____________________________ Joseph A. DiClerico, Jr. United States District Judge June 29, 2007 Attachment cc: Kermit Ceasar, pro se 2

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