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12-171 - USA v. Crespo


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12-171 - USA v. Crespo
July 1, 2015
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RULING RE: GOVERNMENT'S AMENDED APPLICATION FOR RESTITUTION: The government's Amended Application for Restitution (Doc. No. 167) is granted to the extent set forth herein. A separate Restitution Order will issue. Signed by Judge Janet C. Hall on 7/1/2015. (Lewis, D)
April 19, 2018
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RULING: Crespo has failed to plead a plausible claim of ineffective assistance of counsel. See Puglisi v. United States, 586 F.3d 209, 213 (2d Cir. 2009). In addition, there are no material facts in dispute: taking all of Crespos factual assertions as true, Crespos claims still fail. See Gonzalez, 722 F.3d at 131. For these reasons, the court exercises its discretion to DENY Crespos request for a hearing.Furthermore, for the reasons articulated above, the court DENIES Crespos Amended Motion to Vacate, Correct or Set Aside Sentence (Doc. No. 15 in civil case 17cv713).Finally, because the petitioner has not made a substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. 28 U.S.C. ยง 2253(c)(2)as to David J. Crespo Signed by Judge Janet C. Hall on 4/19/2018. (Originally filed in Civil Case No. 17cv713) (Lewis, D)