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Snyder v. United States

United States District Court, W.D. New York

December 18, 2017

SHAWN M. SNYDER, Petitioner,
v.
UNITED STATES OF AMERICA, Respondent.

          DECISION AND ORDER

          WILLIAM M. SKRETNY United States District Judge

         I. INTRODUCTION

         Presently before this Court is Petitioner Shawn M. Snyder's motion for relief under Rule 60 of the Federal Rules of Civil Procedure. (Docket No. 63.) Snyder seeks relief from this Court's previous denial of his motion to set aside, vacate, or correct his sentence under 28 U.S.C. § 2255. (Docket No. 59.) For the reasons discussed below, Snyder's motion is denied.

         II. BACKGROUND

         On February 2, 2010, Snyder appeared before this Court, waived indictment, and pleaded guilty to a 5-count Information charging him with multiple violations of 18 U.S.C. § 2251 (a) (production of child pornography). Snyder's plea agreement reflected his understanding that the maximum penalty that could be imposed at sentencing included a 30-year term of imprisonment for each count. (Plea Agreement, Docket No. 4, & 1.)

         On June 21, 2010, this Court sentenced Snyder to five consecutive 15-year terms of incarceration, one term for each count of conviction, for an aggregate sentence of 75 years imprisonment. (Docket No. 24.) Snyder thereafter appealed his sentence as excessive. The Second Circuit affirmed, finding that this Court properly considered all the relevant factors under 18 U.S.C. § 3553 (a), including Snyder's mental impairment and family history. See United States v. Snyder, 425 F. App=x 64 (2d Cir. July 1, 2011).

         Snyder then filed a ' 2255 motion on July 9, 2012, with amendment and supplementation concluding on February 5, 2013. (Docket Nos. 38, 47, 50.) After full briefing, this Court denied Snyder's motion on March 31, 2014. (Docket No. 59.) Snyder appealed to the Second Circuit, which denied his appeal on August 6, 2014. (Docket Nos. 60, 62.) According to Snyder, he pursued all levels of review of the Second Circuit's decision, culminating in the denial of his petition for rehearing of the denial of his petition for writ of certiorari on March 2, 2015. (Docket No. 63, p. 7.)

         Approximately eight months later, on November 3, 2015, Snyder filed the instant motion for relief under Rule 60. (Docket No. 63.) Snyder maintains that he is entitled to relief from this Court's decision denying his § 2255 motion because this Court mistakenly relied on incorrect case law and failed to address each of his arguments pertaining to the second ground of his petition-ineffective assistance of counsel for failure to file a motion to suppress evidence. (Docket No. 63, pp. 9, 10.)

         III. DISCUSSION

         Rule 60 permits a court to correct clerical mistakes, oversights, and omissions, as well as relieve a party from a final judgment, order, or proceeding. Fed.R.Civ.P. 60 (a) and (b). Under the rule, relief from a final judgment, order, or proceeding may be granted for the following reasons:

(1) mistake, inadvertence, surprise, or excusable neglect;
(2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b);
(3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct ...

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