Hernandez v. United States of America, No. 1:2009cv06496 - Document 8 (S.D.N.Y. 2010)
Court Description: OPINION:#98844 For the reasons further set forth in this Opinion, Hernandez's Petition under 28 U.S.C. § 2255 to Vacate Plea, Set Aside, or Correct His Sentence is denied in its entirety without an evidentiary hearing. So ordered. (Signed by Judge Robert W. Sweet on 4/19/2010) (tve) Modified on 4/20/2010 (jab).
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK PORFIRIO HERNANDEZ, Petitioner, -against- 09 Civ. 6496 OPINION UNITED STATES OF AMERICA, Respondent USDC SDNY A P P E A R A N C E S : m R O N I C A L L Y RLED DOC #: DATE FILED: Pro Se PORFIRIO HERNANDEZ 54209-054 NEOCC 2240 Hubbard Rd. Youngstown, OH 44505 Attorneys for Respondent PREET BHARARA U.S. Attorney's Office, SDNY 86 Chambers Street New York, NY 10007 By: David I. Miller, Esq. Sweet, D.J. Petitioner Porfirio Hernandez ("Hernandez" or the "Petitioner") has moved under 28 U.S.C. S 2255 to vacate, set aside, or correct his sentence ("Pet. Br."). For the reasons set forth below, the motion is denied. Prior Proceedings Hernandez pled guilty to conspiracy to defraud the United States and bail jumping and received 60 months' imprisonment on a 18 U.S.C. 5 371 conspiracy charge, and 12-months-and-one-day imprisonment on a 18 U.S.C. 5 3146 bail-jumping charge, for a total sentence of 72 months and one day. Hernandez' s counsel, Mark Cohen, Esq. ("Cohen") had secured an agreement whereby in exchange for Hernandez's guilty plea to conspiracy and bail jumping, the Government dismissed an 18 U.S.C. S 1344 bank-fraud charge (the "Plea Agreement"), for which he could have received a substantially higher jail sentence. After sentencing, Hernandez appealed to the Second Circuit, which subsequently dismissed his appeal.
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