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Eugenio Haros-Giron v. United States of America

July 9, 2012

EUGENIO HAROS-GIRON,
PETITIONER/DEFENDANT,
v.
UNITED STATES OF AMERICA,
RESPONDENT/PLAINTIFF.



The opinion of the court was delivered by: Honorable Larry Alan Burns United States District Judge

ORDER DENYING WITHOUT PREJUDICE 28 U.S.C. § 2255 HABEAS MOTION

On December 27, 2011, the Court entered judgment against Petitioner/Defendant Eugenio Haros-Giron. On December 30, he filed a notice of appeal. Then on January 13, 2012, he filed a motion to vacate his sentence pursuant to 28 U.S.C. § 2255.

When Haros-Giron appealed his sentence, the Court was divested of jurisdiction over his case, including his § 2255 motion. Ching v. United States, 298 F.3d 174, 180 n.5 (2d Cir. 2002). The motion is therefore DENIED WITHOUT PREJUDICE.

IT IS SO ORDERED.

20120709

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