U.S. v. Gallego

Full title: United States Of America, v. Alfredo Gallego, Movant

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

Date published: Jan 7, 2002

01 Civ. 5860 (LAK); (95 Crim. 0284 (LAK)) (S.D.N.Y. Jan. 7, 2002)

Opinion

01 Civ. 5860 (LAK); (95 Crim. 0284 (LAK))

January 7, 2002

ORDER

LEWIS A. KAPLAN, United States District Judge.

Gallego's amended motion, pursuant to 28 U.S.C. § 2255, is denied. The double jeopardy-related claims were raised and fully litigated on direct appeal and therefore are not cognizable under Section 2255. Most of his remaining ineffective assistance arguments were available to him on direct appeal and, as he was represented by new appellate counsel and the claims were not raised, now have been waived. In any case, all of his ineffective assistance claims are insufficient on the merits for the reasons set forth in the government's letter brief dated December 26, 2001.

As movant has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. The Court certifies that any appeal from this order would not be taken in good faith.

SO ORDERED.