Sealed Defendant 1 v. USA
Filing
20
ORDER re: 15 Report and Recommendations. On April 28, 2014, the Honorable Henry Pitman, United States Magistrate Judge, issued a Report and Recommendation in the above-captioned matter recommending that the Court deny the petitioner's 2255 m otion to vacate, set aside or correct the sentence imposed in his criminal case. Nonetheless, the Court has reviewed the petitioner's objections and the underlying record de novo. Having done so, the Court finds itself in complete agreement wi th Magistrate Judge Pitman's Report and Recommendation and hereby adopts its reasoning by reference. For the reasons stated in the Report, the Court hereby denies the petition, with prejudice. Clerk to enter judgment. (Signed by Judge Jed S. Rakoff on 8/4/2014) (kgo); [*** NOTE: Also docketed in related Criminal Case 07-CR-197(JSR), see Doc.#79. ***] Modified on 8/5/2014 (bw).
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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JAIRO GABRIEL MONTOYA HERNANDEZ,
Petitioner,
07 Cr. 197 (JSR)
-againstORDER
UNITED STATES OF AMERICA,
Respondent.
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JED S. RAKOFF, U.S.D.J.
On April 28, 2014, the Honorable Henry Pitman, United States
Magistrate Judge, issued a Report and Recommendation in the abovecaptioned matter recommending that the Court deny the petitioner's
2255 motion to vacate, set aside or correct the sentence imposed in
his criminal case. Objections to the Report and Recommendation were
due on May 12, 2014.
On May 17, 2014, pro se plaintiff Jairo Gabriel Montoya
Hernandez filed objections to the Report. The petitioner's objections
are non-responsive to Judge Pitman's Report and Recommendation.
Instead of arguing his ineffective assistance of counsel claim, the
petitioner has attempted to attack the underlying facts of his
conviction. For example, the petitioner has submitted many pages
detailing why various phone calls the Government used as evidence
against him are not probative of his involvement in the charged
narcotics conspiracy.
Nonetheless, the Court has reviewed the petitioner's
objections and the underlying record de novo. Having done so, the
Court finds itself in complete agreement with Magistrate Judge
Pitman's Report and Recommendation and hereby adopts its reasoning by
reference. For the reasons stated in the Report, the Court hereby
denies the petition, with prejudice.
Clerk to enter judgment.
SO ORDERED.
Dated:
New York, New York
August __!::J.__, 2014
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