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14-312 - United States of America v. Perez

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14-312 - United States of America v. Perez
April 11, 2017
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Memorandum of Opinion and Order as to Moises Perez: Petitioner's Motion Under § 2255 to Vacate, Set Aside, or Correct Sentence (Doc. 44) and Amended Motion for Relief Under 28 U.S.C. § 2255 (Doc. 50) are DENIED. In light of Jones, however, reasonable jurists could disagree as to whether Petitioners New York conviction for robbery is a violent felony under the ACCA. The Court therefore issues a certificate of appealability on this issue. 28 U.S.C.A. § 2253(c)(2); Miller-El v. Cockrell, 537 U.S. 322, 336 (2003). Judge Patricia A. Gaughan on 4/11/17. (LC,S) Civil Case 1:16-cv-02434-PAG closed.