Mr. Richardson appealed Judge Burns's decision; the Second Circuit denied his appeal on November 30, 2010. United States v. Jones, 408 F. App'x 416, 419-20 (2d Cir. 2010).
, such challenge is barred by the law of the case doctrine. See United States v. Jones, 408 Fed.Appx. 416, 421 (2d Cir. 2010) (in upholding district court's denial of motion for resentencing, rejecting argument that “the district court erred . . . in failing to resolve objections raised at his original sentencing hearing to certain aspects of his Presentence Report” because “[w]hile these objections were raised at the original sentencing hearing, the district court's failure to resolve them was not challenged on appeal” and “[a]s a result, [the Defendant] is precluded by the law of the case doctrine from raising them now”); United States v. Quintieri, 306 F.3d 1217, 1229 (2d Cir. 2002) (explaining that the “law of the case doctrine has two branches” and that the “mandate rule” branch “forecloses relitigation of all issues previously waived by the defendant or decided by the appellate court”). On direct appeal of his conviction, Defendant challenged only the sentencing court's resolution of his motion t
We have considered Jones's remaining arguments and find them to be without merit.United States v. Jones, 408 F. App'x 416, 420-22 (2d Cir. 2010) (citations and internal quotation marks omitted). Mr. Jones subsequently petitioned the Supreme Court for a writ of certiorari; the Supreme Court denied it on April 4, 2011.
See Savage, 542 F.3d at 966. He also references McCoy, which appears to mean McCoy v. Court of Appeals of Wisconsin, Dist. 1, 486 U.S. 429 (1988), a Supreme Court decision that petitioner cited in another case for the proposition that counsel must conscientiously examine a case, identifying any issue that could arguably be raised on appeal, see United States v. Jones, 408 F. App'x 416, 419 (2d Cir. 2010) (petitioner's motion to amend sentence). Petitioner appears to be arguing that he entered into an Alford plea in one of his cases and that his attorney in his most recent case should have examined the prior case and argued that the prior conviction was not a predicate offense.
The Second Circuit affirmed the denial of resentencing on November 30, 2010. United States v. Jones, 408 F. App'x 416, 420 (2d Cir. 2010). Jones's petition for a writ of certiorari was denied on April 4, 2011. Jones v. United States, 131 S. Ct. 1830 (2011).