United States District Court, E.D. New York
Mehdi Gabayzadeh, Petitioner, Pro se, Cumberland, MD.
For Respondent: James M. Miskiewicz, Esq., United States Attorney's Office, Eastern District of New York, Central Islip, NY.
MEMORANDUM & ORDER
Joanna Seybert, United States District Judge.
Pro se petitioner Mehdi Gabayzadeh (" Petitioner") petitions this Court for a writ of habeas corpus pursuant to 28 U.S.C. § 2255. For the following reasons, the Petition is DENIED.
Petitioner was the president and chief executive officer of American Tissue Inc. (" American Tissue"), a paper manufacturing company. On April 13, 2005, at the conclusion of a jury trial before this Court, Petitioner was convicted of Conspiracy to Commit Securities Fraud in violation of 18 U.S.C. § 371; Conspiracy to Commit Bank Fraud in violation of 18 U.S.C. § 371; Bank Fraud in violation of 18 U.S.C. § 1344; Wire Fraud in violation of 18 U.S.C. § 1343; Interstate Transportation of Property Obtained by Fraud in violation of 18 U.S.C. § 2314; Bankruptcy Fraud in violation of 18 U.S.C. § 152(4); Conspiracy to Commit Perjury in violation of 18 U.S.C. § 371; and Obstruction of Justice in violation of 18 U.S.C. § 1512(b)(1), in connection with a securities fraud perpetrated in an attempt to save American Tissue from bankruptcy. On September 25, 2006, this Court sentenced Petitioner to concurrent terms of 60 to 180 months in prison, five years supervised release, and restitution in the amount of $64, 933, 931.62. (See Docket No. 03-CR-0162, Judgment, Docket Entry 190.)
Petitioner appealed the conviction and sentence to the Second Circuit Court of Appeals. On June 27, 2011, the Second Circuit affirmed the conviction and sentence. See United States v. Gabayzadeh, 428 F.App'x 43 (2d Cir. 2011). On June 25, 2012, the United State Supreme Court denied Petitioner's petition for a writ of certiorari. See Gabayzadeh
v. United States, __ U.S. __, 133 S.Ct. 26, 183 L.Ed.2d 694 (2012).
On June 24, 2013, Petitioner, through his appellate counsel, Robert Lewis (" Lewis"), filed a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C § 2255. (Docket Entry 1.) On June 27, 2013, Petitioner, proceeding pro se, filed an additional Petition for a Writ of Habeas Corpus. (See Gabayzadeh v. United States, No. 13-CV-3663 (E.D.N.Y.).) By letter dated July 24, 2013, Lewis sought leave to withdraw as Petitioner's habeas counsel. (Docket Entry 6.) As Lewis argued, Petitioner's pro se petition included a claim that Lewis and his co-counsel had provided ineffective assistance of counsel. On July 25, 2013, the Court granted Lewis' motion to withdraw as counsel and consolidated Petitioner's petitions. (Docket Entries 8, 11.) The Court construed Petitioner's pro se Petition as a motion to amend the Petition, which the Court granted. (Docket Entries 8, 11.) As the Court noted, the Amended Petition " completely replace[d] and supersede[d] the Counseled Petition and shall be the operative Petition going forward." (See Order, Docket Entry 11, at 2.)
The Court will first address the applicable legal standard before turning to the merits of the Petition.
I. Legal Standard
" The writ of habeas corpus stands as a safeguard against imprisonment of those held in violation of the law." Harrington v. Richter, 562 U.S. 86, 131 S.Ct. 770, 780, 178 L.Ed.2d 624 (2011).
A prisoner in custody under sentence of a [federal] court . . . 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 . . . may move the court which imposed the sentence to vacate, set aside or correct the sentence.
28 U.S.C. § 2255(a).
If the court finds . . . that there has been such a denial or infringement of the constitutional rights of the prisoner . . . the court shall vacate and set the judgment aside and shall discharge the prisoner or resentence him or grant a ...