Aybar v. U.S.

Full title: ANGEL AYBAR, Movant, v. UNITED STATES OF AMERICA Respondent

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

Date published: Mar 21, 2002

02 Civ. 1662 (LAK) (S.D.N.Y. Mar. 21, 2002)

Opinion

02 Civ. 1662 (LAK).

March 21, 2002

ORDER

LEWIS A. KAPLAN, U.S. District Judge.

ANGEL AYBAR petitioned this Court for a writ of habeas corpus pursuant to 28 U.S.C. § 2255. The Court has considered the petition preliminarily and directs respondent to file an answer within thirty (30) days of the date of this order. The Court further directs respondent to address the question of whether the imposition of the term of supervised release was permissible under 18 U.S.C. § 3583(h) in light of the fact that the Court imposed of term of imprisonment of 60 months. The Clerk of the Court is directed to serve, by Certified Mail, Return Receipt Requested, a copy of this order and the motion on James B. Comey, United States Attorney for the Southern District of New York.

SO ORDERED.