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07-228 - United States of America v. Pilla


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07-228 - United States of America v. Pilla
February 27, 2008
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Memorandm Opinion that Defendant did not challenge her sentence on direct appeal and cannot establish cause and prejudice for failing to do so. The actual innocence exception is not available to defendant to excuse her procedural default. Accordingly, defendant has waived the right to challenge her sentence and may not do so now under 28 U.S.C. § 2255. The Court will publish a separate judgment entry in Case No. 1:08 CV 31 dismissing the petitioner-defendant's action brought pursuant to 28 U.S.C. § 225518 and declining to issue a certificate of appealability. The Court will publish a separate judgment entry in Case No. 1:07 CR 228 vacating its prior stay of the defendant's sentence and ordering the defendant to self surrender on Monday, March 10, 2008. Signed by Judge David D. Dowd, Jr on 2/26/08. (M,De) Civil Case 1:08-cv-00031-DDD closed.