Opinion
00 Civ. 1211 (LAK) (S7 96 Crim. 1099 (LAK))
May 9, 2000
ORDER
Petitioner pleaded guilty to a 20-count superceding information pursuant to a cooperation agreement. The offenses which he admitted committing included participating in the conduct of an enterprise through a pattern of racketeering activity, robbery, carrying a firearm in relation to a crime of violence, and conspiracy to possess with intent to distribute heroin. On February 22, 1999, he was sentenced principally to 72 months imprisonment, the Court expressly acknowledging his extensive and valuable cooperation and stating that he would have received a sentence in the range of 13 to 20 years in its absence. Petitioner filed no appeal, but now seeks to vacate, correct or set aside his sentence on a plethora of grounds.
Petitioner's motion is entirely frivolous, substantially for the reasons set forth in the government's memorandum of law, dated May 1, 2000. Moreover, if the Court were sentencing petitioner again after having considered the present motion, it would impose precisely the same sentence. While there is no denying that 72 months is a substantial term of imprisonment, petitioner received more than appropriate consideration for his extensive cooperation and the other circumstances to which he refers. The fact remains that he was an avid and extremely culpable participant in exceptionally brutal crimes of violence.
Accordingly, the motion pursuant to 28 U.S.C. § 2255 is denied in all respects. The Court declines to issue a certificate of appealability and certifies that an appeal herefrom would not be taken in good faith within the meaning of 28 U.S.C. § 1915.
SO ORDERED.