From Casetext: Smarter Legal Research

Rumignani v. U.S.

United States District Court, S.D. New York
Feb 3, 2006
02 Civ. 3860 (DLC), 97 CR 950 (S.D.N.Y. Feb. 3, 2006)

Opinion

02 Civ. 3860 (DLC), 97 CR 950.

February 3, 2006


MEMORANDUM OPINION AND ORDER


On November 19, 2005, Bruno Rumignani ("Rumignani") brought a motion for relief from judgment pursuant to Rule 60 (b), Fed.R.Civ.P., asserting that this Court erred in denying his petition for a writ of habeas corpus in 2002 when it did not correctly apply Apprendi v. New Jersey, 530 U.S. 466 (2000). Rumignani seeks a reduction in his sentence.

When faced with a Rule 60(b) motion that attacks a movant's underlying conviction, a district court may deny the motion with prejudice as beyond the scope of Rule 60(b). Alternatively, the court may give the movant an opportunity to withdraw the motion before treating it as a second habeas petition and transferring it to the Court of Appeals as a successive habeas petition. See Harris v. United States, 367 F.3d 74, 82 (2d Cir. 2004). Accordingly, it is hereby

ORDERED that Rumignani's Rule 60(b) motion is denied with prejudice.

SO ORDERED:


Summaries of

Rumignani v. U.S.

United States District Court, S.D. New York
Feb 3, 2006
02 Civ. 3860 (DLC), 97 CR 950 (S.D.N.Y. Feb. 3, 2006)
Case details for

Rumignani v. U.S.

Case Details

Full title:BRUNO RUMIGNANI, Petitioner, v. UNITED STATES OF AMERICA, Respondent

Court:United States District Court, S.D. New York

Date published: Feb 3, 2006

Citations

02 Civ. 3860 (DLC), 97 CR 950 (S.D.N.Y. Feb. 3, 2006)