Gomez v. USA

Filing 13

ORDER denying 12 Motion for Reconsideration re 12 MOTION for Reconsideration re; 10 Clerk's Judgment filed by Jaime Gomez. For the reasons set forth above, Gomez has failed to show a basis for relief under Federal Rule of Civil Procedure 59(e). Accordingly, his motion to alter or amend the Court's June 24, 2021, judgment is DENIED. The Clerk of the Court is directed to send a copy of this Order to Gomez at the address listed below. Jamie Gomez, 48323-054, F.C.I. Ray Brook, P.O. Box 900, Ray Brook, NY 12977. SO ORDERED. (Signed by Judge Denny Chin on 12/7/2021) (vfr) Transmission to Docket Assistant Clerk for processing.

Case 1:08-cv-00171-DC Document 13 Filed 12/07/21 Page 1 of 3

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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UNITED STATES OF AMERICA
- against JAMIE GOMEZ,

:

ORDER

:

16 Civ. 5584 (DC)
08 Civ. 171 (DC)

:
Defendant.

:

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CHIN, Circuit Judge:
On November 30, 2021, defendant Jamie Gomez filed a
motion to alter or amend a judgment under Federal Rule of Civil
Procedure 59(e).

16 Civ. 5584 Dkt. No. 17.

Gomez seeks to

alter the Court's June 24, 2021, order, 16 Civ. 5584 Dkt. No.
15, denying his successive 28 U.S.C. § 2255 motion.
5584 Dkt. No. 1.

16 Civ.

His 59(e) motion is denied.

As a threshold matter, the Court considers Gomez's
motion to be timely filed on July 15, 2021, within "28 days
after the entry of the [June 24, 2021,] judgment."
P. 59(e).

Fed. R. Civ.

Gomez represented to the Court in a letter dated

November 7, 2021, that he had filed a Rule 59(e) motion in July
2021, which the Court did not receive.
263.

99 Cr. 1048 Dkt. No.

The Court requested that Gomez submit a copy of his motion

and proof of July 2021 service and mailing.
No. 264.

99 Cr. 1048-2 Dkt.

Gomez complied, and his certificate of service shows

Case 1:08-cv-00171-DC Document 13 Filed 12/07/21 Page 2 of 3

that the motion was served on the Court and the government on
July 15, 2021.
Nevertheless, Gomez's motion fails on the merits.
Gomez contends that "this Court incorrectly relied solely on
[an] alleged confession that is neither corroborated by
substantial independent evidence or by itself can support a
finding of guilt to count[s] Four & Five."
No. 17 at 5.
order.

16 Civ. 5584 Dkt.

Gomez incorrectly reads the Court's June 24, 2021,

The order explains that the "record contained

substantial evidence" to support Counts Four and Five.
5584 Dkt. No. 15 at 9.

16 Civ.

For example, the order references prior

decisions concluding, based on transcripts in the evidentiary
record, that Gomez was knowingly hired as a hitman to assist in
narcotics distribution.

See United States v. Gomez, 210 F.

Supp. 2d 465, 478 (S.D.N.Y. 2002); see also United States v.
Marmolejas, 112 F. App'x 779, 782 (2d Cir. 2004) (summary order)
("[W]e reject Gomez's contention that the evidence was somehow
insufficient to support his conviction on the narcotics
conspiracy counts.")
For the reasons set forth above, Gomez has failed to
show a basis for relief under Federal Rule of Civil Procedure
59(e).

Accordingly, his motion to alter or amend the Court's

June 24, 2021, judgment is DENIED.
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The Clerk of the Court is

Case 1:08-cv-00171-DC Document 13 Filed 12/07/21 Page 3 of 3

directed to send a copy of this Order to Gomez at the address
listed below.
SO ORDERED.
Dated:

New York, New York
December 7, 2021
___s/Denny Chin______________
DENNY CHIN
United States Circuit Judge
Sitting by Designation

To:

Jamie Gomez, 48323-054
F.C.I. Ray Brook
P.O. Box 900
Ray Brook, NY 12977

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