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16-997 - Soto v. USA


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16-997 - Soto v. USA
September 16, 2016
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ORDER. Petitioner's motion to vacate, set aside, or correct his sentence (Doc. #1) is DENIED. Contrary to Mr. Soto's concern that "the Court will reject [his] pleading after simply skimming through it," Doc. #8 at 2, the Court has carefully considered all of Mr. Soto's pleadings and arguments. In the event that the Second Circuit reconsiders its decision in Hill v. United States or that the Supreme Court grants review of the Second Circuit's decision in Hill, Mr. Soto should promptly file a motion pursuant to Fed. R. Civ. P. 60 to reopen the proceedings in this case. Any renewed motion should address why Mr. Soto's appeal waiver does not otherwise preclude him from seeking relief under Johnson. Petitioner's Motion for Judgment (Doc. #6) is denied as moot. The Clerk of Court shall close the case. It is so ordered. Signed by Judge Jeffrey A. Meyer on 9/16/2016. (Levenson, C.)