Foley v. United States, 051419 FED2, 18-1114-pr

Docket Nº:18-1114-pr, 18-1115-pr
Party Name:RONALD FOLEY, Petitioner-Appellant, v. UNITED STATES OF AMERICA, Respondent-Appellee.
Attorney:Appearing for Appellant: Barclay T. Johnson, Assistant Federal Public Defender, for Michael L. Desautels, Federal Public Defender, District of Vermont, Burlington, VT. Appearing for Appellee: Gregory L. Waples, Assistant United States Attorney (Eugenia A. P. Cowles, Assistant United States Attorn...
Judge Panel:Present: ROSEMARY S. POOLER, RAYMOND J. LOHIER, JR., SUSAN L. CARNEY, Circuit Judges.
Case Date:May 14, 2019
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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RONALD FOLEY, Petitioner-Appellant,

v.

UNITED STATES OF AMERICA, Respondent-Appellee.

Nos. 18-1114-pr, 18-1115-pr

United States Court of Appeals, Second Circuit

May 14, 2019

UNPUBLISHED OPINION

SUMMARY ORDER

RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT'S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION "SUMMARY ORDER"). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.

At a stated Term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York on the 14th day of May, two thousand nineteen.

Appeal from the United States District Court for the District of Vermont (Reiss, J.).

Appearing for Appellant: Barclay T. Johnson, Assistant Federal Public Defender, for Michael L. Desautels, Federal Public Defender, District of Vermont, Burlington, VT.

Appearing for Appellee: Gregory L. Waples, Assistant United States Attorney (Eugenia A. P. Cowles, Assistant United States Attorney, on the brief), for Christina E. Nolan, United States Attorney for the District of Vermont, Burlington, VT.

Present: ROSEMARY S. POOLER, RAYMOND J. LOHIER, JR., SUSAN L. CARNEY, Circuit Judges.

ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of said District Court be and it hereby is AFFIRMED.

Ronald Foley appeals from the March 30, 2018 opinion and order of the United States District Court for the District of Vermont (Reiss, J.) denying his petition to vacate and correct his sentence pursuant to 28 U.S.C. § 2255. We assume the parties' familiarity with the underlying facts, procedural history, and specification of issues for review.

Foley's petition relied on the Supreme Court's decision in Johnson v. United States, 135 S.Ct. 2551 (2015), holding...

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