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16-1522 - Colon v. USA


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16-1522 - Colon v. USA
January 6, 2017
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RULING DENYING MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE. For the reasons set forth in the attached ruling, petitioner's motion to vacate, set aside, or correct his sentence is DENIED. In the event that the Second Circuit reconsiders its decision in Hill v. United States or that the Supreme Court grants review of the same issue that was decided in Hill, Mr. Colon should promptly file a motion pursuant to Fed. R. Civ. P. 60 to reopen the proceedings in this case. Any motion to reopen, however, should address in the first instance why Mr. Colon's waiver in his plea agreement does not bar him from pursuing this petition. See United States v. Colon, Case No. 14-cr-0085-JAM-2 (Doc. #161 at 5). The Clerk of Court shall close the case. It is so ordered. Signed by Judge Jeffrey A. Meyer on 1/6/2017. (Levenson, C.)