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Hilton v. United States

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK


August 1, 2007

WINSTON HILTON, PETITIONER,
v.
UNITED STATES OF AMERICA, RESPONDENT.

The opinion of the court was delivered by: Alvin K. Hellerstein, U.S.D.J.

ORDER DENYING PETITION

On July 30, 2007, the Court received a letter from Winston Hilton, designated as petitioner in the caption above. I construe Hilton's letter as a motion for an order directing the Bureau of Prisons to transfer him to a Federal Correctional Institution in New York or New Jersey to complete his term of imprisonment, or in the alternative, vacating his conviction. His papers could also be construed as an application for a judicial declaration that he is not subject to deportation. To the extent that Hilton moves in any of these fashions, his application is denied.

On February 15, 2002, a federal jury found Hilton guilty of conspiracy to distribute narcotics, 21 U.S.C. § 846, and I sentenced him to 120 months imprisonment. See Judgment, Oct. 29, 2002 (doc. no. 211). Hilton appealed his conviction and sentence, which the United States Court of Appeals for the Second Circuit subsequently affirmed. See Mandate, Jan. 11, 2007 (doc. no. 278).

In August 2003, Hilton petitioned to vacate his conviction pursuant to 28 U.S.C. § 2255. Shortly thereafter, then-Chief Judge Mukasey dismissed the petition and certified that an appeal taken from his order would not be taken in good faith. See Order of Dismissal, No. 03 Civ. 5828 (MBM) (Aug. 4, 2003) (doc. no. 2).

20070801

© 1992-2007 VersusLaw Inc.



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