Skip to content.
About GPO   |   Newsroom/Media   |   Congressional Relations   |   Inspector General   |   Careers   |   Contact   |   askGPO   |   Help  
 

  FDsys > More Information
(Search string is required)
 

08-031 - Pilla v. USA


Download Files

Metadata

Document in Context
08-031 - Pilla v. USA
February 27, 2008
PDF | More
Memorandum 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. § 2255 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. (Related document # 1). Signed by Judge David D. Dowd, Jr on 2/26/08 (M,De). Modified on 2/27/2008 (B,IE). Modified typo on 3/4/2008 (H, SP).