Ramirez v. United States

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice

New York Law Journal

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Judge Shira Scheindlin

This court denied motions to vacate, set aside or correct a sentence that were brought by Luis Ramirez under 28 U.S.C §2255. Ramirez moved for reconsideration and a petition to supplement his §2255 motion. The court noted that a motion for reconsideration is appropriate where the moving party can point to controlling decisions or data that the court overlooked—matters, in other words, that might reasonably be expected to alter the conclusion reached by the court. The court further noted that this rule must be narrowly construed and strictly applied to avoid repetitive arguments. In the instant matter the court found that Ramirez may not have liked the way the court had ruled, but his arguments were explicitly addressed in the court's order and opinion. Thus the court denied the petition ruling that the motion for reconsideration consisted of nothing more than reargument. The motion to amend was also denied because Ramirez had previously filed a notice of appeal which divested this court of jurisdiction over his original §2255 motion. Because Ramirez failed to make a substantial showing of the denial of a constitutional right, the court declined to issue a certificate of appealability with regard to either motion.

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