Opinion
CASE NO. 12CV0132-LAB CASE NO. 11CR1097-LAB
07-09-2012
EUGENIO HAROS-GIRON, Petitioner/Defendant, v. UNITED STATES OF AMERICA, Respondent/Plaintiff.
ORDER DENYING WITHOUT PREJUDICE 28 U.S.C. § 2255 HABEAS MOTION
On December 27, 2011, the Court entered judgment against Petitioner/Defendant Eugenio Haros-Giron. On December 30, he filed a notice of appeal. Then on January 13, 2012, he filed a motion to vacate his sentence pursuant to 28 U.S.C. § 2255.
When Haros-Giron appealed his sentence, the Court was divested of jurisdiction over his case, including his § 2255 motion. Ching v. United States, 298 F.3d 174, 180 n.5 (2d Cir. 2002). The motion is therefore DENIED WITHOUT PREJUDICE.
IT IS SO ORDERED.
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HONORABLE LARRY ALAN BURNS
United States District Judge