Hoffenberg v. United States

Filing 34

OPINION: For the reasons set forth above, Hoffenberg's motion pursuant to Federal Rule of Civil Procedure 60(b) is denied, and his motion for bail is denied. (Signed by Judge Robert W. Sweet on 4/26/2010) (jfe)

UNITED STATES D I S T R I C T COURT SOUTHERN D I S T R I C T O F NEW YORK

STEVEN JUDE HOFFENBERG, Petitioner, 00 Civ. 1686

-againstUNITED STATES O F AMERICA, Respondent.

OPINION

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APPEARANCES:

Pro Se STEVEN JUDE HOFFENBERG #35601-054 Fort Dix P r i s o n F o r t Dix, N J 08640

Attorneys for Respondent PREET BHARARA United S t a t e s A t t o r n e y S o u t h e r n D i s t r i c t of New Y o r k One S t . A n d r e w ' s P l a z a New Y o r k , NY 1 0 0 0 7 By: A l v i n L . B r a g g , J r . , Esq.

S w e e t , D.J.

Petitioner Steven Hoffenberg ("Hoffenberg" or the se "Petitioner") has moved pro - under Rule 60(b) (3) and (6) of the Federal Rules of Civil Procedure (i) to reopen the judgment entered by this Court denying Petitioner's motion to vacate his sentence under 28 U.S.C. 9 2255 and (ii) for "bail release," claiming that the Section 2255 proceedings were flawed because his lawyer allegedly concealed from the Court an alleged conflict of interest of a former Assistant United States Attorney ("AUSA") that allegedly arose and ended during the underlying criminal case. For the reasons

set forth below, the motion to reopen the judgment is denied and the motion for "bail release" is denied.

Prior Proceedings

In April 1995, Hoffenberg pleaded guilty before this Court to conspiracy to commit securities fraud, mail fraud, conspiracy to obstruct an investigation by the United States Securities and Exchange Commission ("SEC"), and income tax evasion. See United States v. Hoffenberq,

Nos. 94 Cr. 213 and 95 Cr. 321, 1997 WL 96563, at *1 (S.D.N.Y. Mar. 5, 1997). On March 7, 1997, the Court