The opinion of the court was delivered by: SWEET
Pro se petitioner Ricardo Mesa Bedoya ("Bedoya") has moved for reconsideration of this Court's opinion of January 29, 1998, which dismissed his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2255. For the reasons set forth below, Bedoya's motion to reconsider is denied.
Facts and Prior Proceedings
The factual background and prior proceedings of this case are set forth in Bedoya v. United States of America, 1998 U.S. Dist. LEXIS 907, No. 97 Civ. 4433 (S.D.N.Y. 1998), familiarity with which is assumed. The facts and prior proceedings relevant to the instant motion are set forth below.
On March 17, 1982, this Court sentenced Bedoya to three years' imprisonment for Count One (conspiracy to distribute cocaine and to possess cocaine with intent to distribute in violation of 21 U.S.C. §§ 812, 841(a)(1), 841(b)(1)(A), and 846), and a five-year term of special parole for Count Two (distribution and possession with intent to distribute in violation of 21 U.S.C. § 812, 841(a)(1), and 841(b)(1)(A)), to be served consecutively to the term of imprisonment imposed on Count One.
Bedoya filed a notice of appeal on March 23, 1982, and by order of January 31, 1983, the United States Court of Appeals for the Second Circuit affirmed the judgment.
Bedoya was paroled on August 17, 1983.
By Order dated April 8, 1986, this Court amended his sentence, suspending the sentence imposed on Count Two and imposing a five-year term of probation to run consecutively to the jail term imposed on Count One. Bedoya's supervision on this conviction was terminated on June 3, 1990.
Bedoya is currently in custody for a 151 month sentence imposed on May 7, 1990, following a jury trial before the Honorable John M. Cannella, 89 Cr. 803 (JMC), for conspiracy to distribute and to possess with intent to distribute two kilograms of cocaine in or about October 1989, in violation of 21 U.S.C. § 846, and for the substantive offense of possessing two kilograms of cocaine with intent to distribute.
On June 17, 1997, Bedoya filed a habeas petition under 28 U.S.C. § 2255, challenging the constitutionality of his 1982 sentence. Bedoya's petition was denied on January 28, 1998, upon a finding that Bedoya was properly sentenced to a term of special parole following three years' imprisonment and that Bedoya's assertion of ineffective assistance of counsel was factually deficient.
The instant motion for reconsideration was received on March 2, 1998, and deemed fully submitted on April 15, 1998.
Bedoya seeks reconsideration of his § 2255 motion on the grounds that this Court lacked jurisdiction to amend, alter, or change his sentence after March 17, 1982, the date the original sentence was imposed, and that the sentence correction violated his rights as it was made in his absence. ...