Gomez v. U.S.A., No. 1:2014cv05801 - Document 7 (E.D.N.Y. 2018)

Court Description: MEMORANDUM AND OPINION dated 5/10/18 that Movant's motion to vacate or set aside the March 23, 2010, judgment of conviction in United States v. Gomez, 06cr613(SJ), is DENIED. Because Movant has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. 28:2253(c)(2). ( Ordered by Judge Sterling Johnson, Jr on 5/10/2018 ) (Guzzi, Roseann)

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Gomez v. U.S.A. Doc. 7 FILED IN CLERK'S OFFK CLERK'S OFFICE TRICT COURT I U.S. DISTRICT COURT ED.N.Y. * MAV 1 j 2018 UNITED STATES DISTRICT COURT BROOKLYN OFFICE EASTERN DISTRICT OF NEW YORK AMILCAR GOMEZ, Movant, 14-CV-5801 (SJ) MEMORANDUM UNITED STATES OF AMERICA, AND ORDER Respondent. APPEARANCES: EDWARD IRIZARRY 260 Madison Avenue New York, New York 10016 Attorneyfor Movant RICHARD P. DONOGHUE United States Attorney Eastern District of New York 271 Cadman Plaza East Brooklyn, New York 11201 By: Craig R. Heeren Attorneyfor Respondent JOHNSON,Senior District Judge: In March 2010, Amilcar Gomez("Movant" or "Gomez") was convicted, after a jury trial, of racketeering conspiracy, murder, and firearms possession and sentenced to life imprisonment. After exhausting his direct appeal, Movant brought this motion pursuant to 28 U.S.C. ยง 2255, seeking to vacate or set aside his conviction on the grounds that he was actually innocent of all three charges of which he was convicted and that he was denied his Sixth Amendment right to Dockets.Justia.com /s/(SJ)

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