The opinion of the court was delivered by: William M. Skretny Chief Judge United States District Court
Presently before this Court is Petitioner Aramis Fournier's Motion to Vacate, Set Aside, or Correct his Sentence under 28 U.S.C. § 2255. (Docket No. 462.) For the reasons discussed below, Petitioner's motion is denied.
On January 8, 2008, Petitioner appeared before this Court and pled guilty to a one-count superseding indictment, which charged him with conspiracy to distribute and to possess with intent to distribute 1 kilogram or more of heroin, in violation of 21 U.S.C. § 846. (Docket Nos. 122, 127.) The charge carried a possible maximum sentence of ten years imprisonment, a $4,000,000 fine, or both. (Docket No. 122, ¶ 1.)
In the plea agreement, Petitioner and the Government agreed that the total offense level, including a reduction for Petitioner's acceptance of responsibility, was 27, and that Petitioner's criminal history category was I, which resulted in a Guidelines sentencing range of 70 to 87 months, a fine of $12,500 to $4,000,000, and a period of supervised release of five years. (Docket No. 122, ¶¶ 5-11.)
On November 16, 2009, this Court sentenced Petitioner to a term of imprisonment of 30 months, after granting the government's downward departure motions. (Docket No. 391.) This Court also imposed a three-year term of supervised release. (Docket No. 391.) No fine was imposed. (Docket No. 391.) The Clerk of Court filed the judgment on November 19, 2009. (Docket No. 392.) Petitioner did not appeal his conviction or sentence.
On November 17, 2010, Petitioner timely filed the instant Motion to Vacate, Set Aside, or Correct his Sentence under 28 U.S.C. § 2255. (Docket No. 462.) Therein, Petitioner maintains that this Court imposed a longer sentence (30 months) than it otherwise would have to allow him the opportunity to participate in the Bureau of Prisons' Residential Drug Treatment Program and earn a 12-month reduction in his sentence. (Docket No. 462.) For a number of reasons related to Petitioner's custody designation within the Bureau of Prisons, Petitioner became ineligible to participate in the drug treatment program and could not earn the anticipated12-month reduction in his sentence. He therefore seeks to be resentenced to a lower term of imprisonment consistent with what he maintains was this Court's intention.
According to the Bureau of Prisons' Inmate Locator, Petitioner was released from custody on or about March 16, 2012.
Twenty-eight U.S.C. § 2255 allows federal prisoners to challenge the constitutionality of their sentences.That section provides, in pertinent part, that:
A prisoner in custody under sentence of a court established by Act of Congress claiming the right to be released upon the ground that the sentence was imposed in violation of the Constitution or laws of the United States, or that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack, may move the court which imposed the sentence to vacate, set aside or correct the sentence. 28 U.S.C. § 2255.
The Second Circuit has held that a "collateral attack on a final judgment in a criminal case is generally available under § 2255 only for a constitutional error, a lack of jurisdiction in the sentencing court, or an error of law or fact that constitutes 'a fundamental defect which inherently results in a complete miscarriage of justice.'" Graziano v. United States, 83 F.3d ...