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Sonesay Rathsamy v. United States of America

May 1, 2013

SONESAY RATHSAMY ,
PETITIONER,
v.
UNITED STATES OF AMERICA, RESPONDENT.



ORDER

Defendant Sonesay Rathsamy has filed a timely petition for habeas corpus relief under 28 U.S.C. § 2255 to set aside, vacate or correct his sentence. For the reasons set forth in the government's response (Docket No. 56), the petition must be denied.

Defendant's argument challenging the weight of the evidence against him is not cognizable in a § 2255 proceeding. See United States v. Berry, 624 F.3d 1031, 1038 (9th Cir. 2010).

Defendant's argument of ineffective assistance of counsel fails because he has not satisfied the Strickland v. Washington, 466 U.S. 668, 687-88 (1984), test of showing counsel's performance fell below an objective standard of reasonableness . Contrary to defendant's assertions, his attorney filed a thorough sentencing memorandum which argued for a downward adjustment due to many factors, including defendant's immigration status.

Defendant's conclusory allegations challenging the accuracy of the Presentence Report are without merit.

IT IS THEREFORE ORDERED that defendant's petition to set aside, vacate or correct his sentence pursuant to 28 U.S.C. § 2255 be, and the same hereby is, DENIED.

20130501

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