U.S. v. HERNANDEZ, JFM-10-0266 (2015)
Court: District Court, D. Maryland
Number: infdco20150624b89
Visitors: 23
Filed: Jun. 23, 2015
Latest Update: Jun. 23, 2015
Summary: MEMORANDUM J. FREDERICK MOTZ , District Judge . Vincent Hernandez has filed a motion under 28 U.S.C. 2255. The motion will be denied. Federal statutes criminalizing the use and distribution of narcotics are constitutional. Gonzalez v. Rauch, 545 U.S. 1 (2005); United States v. Harbin, 2007 U.S. Dist. LEXIS 70033, at *13-14 (S.D. Tex. Sept. 21, 2007). Count II of the indictment was not "constructively amended." There is sufficient evidence to establish that Hernandez possessed a fi
Summary: MEMORANDUM J. FREDERICK MOTZ , District Judge . Vincent Hernandez has filed a motion under 28 U.S.C. 2255. The motion will be denied. Federal statutes criminalizing the use and distribution of narcotics are constitutional. Gonzalez v. Rauch, 545 U.S. 1 (2005); United States v. Harbin, 2007 U.S. Dist. LEXIS 70033, at *13-14 (S.D. Tex. Sept. 21, 2007). Count II of the indictment was not "constructively amended." There is sufficient evidence to establish that Hernandez possessed a fir..
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MEMORANDUM
J. FREDERICK MOTZ, District Judge.
Vincent Hernandez has filed a motion under 28 U.S.C. §2255. The motion will be denied.
Federal statutes criminalizing the use and distribution of narcotics are constitutional. Gonzalez v. Rauch, 545 U.S. 1 (2005); United States v. Harbin, 2007 U.S. Dist. LEXIS 70033, at *13-14 (S.D. Tex. Sept. 21, 2007).
Count II of the indictment was not "constructively amended." There is sufficient evidence to establish that Hernandez possessed a firearm in furtherance of the conspiracy charged in count I.
Trial counsel was not at all ineffective in cross-examining the witnesses for the Government. Indeed, he was quite effective in doing so. His representation otherwise was effective in all respects.
A separate order denying Hernandez's motion is being entered herewith.
Source: Leagle
