Rodriguez-Batista v. United States

Opinion

DAI UAVEILUIN | ELECTRONICALLY FILEI DOC #: UNITED STATES DISTRICT COURT DATE FILED:_ 7/20/2020 _ SOUTHERN DISTRICT OF NEW YORK

) YESSENIA MARIA RODRIGUEZ, Petitioner, ) ) -against- ) 19-CV-9421 (GHW) ) UNITED STATES OF AMERICA, Respondent.) 01-CR-977-1 (GHW)

ORDER GREGORY H. WOODS, United States District Judge: WHEREAS, Petitioner/Defendant Yesenia Rodriguez has filed a Motion to Withdraw Guilty Plea on the grounds that she received ineffective assistance of counsel in violation of her Sixth Amendment right and that her plea was therefore not knowingly and voluntarily entered (see ECF dkt. # 8); and WHEREAS, the Court has construed this pro se Motion as a Petition for a Writ of Error Coram Nobis brought pursuant to the All Writs Act, 28 U.S.C. § 1651(a) (see ECF dkt. # 10), see, e.g., United States v. Hernandez, 283 F. Supp. 3d 144, 150 (S.D.N.Y. 2018); and WHEREAS, the Government does not oppose the Petition; THEREFORE, it is hereby ORDERED that the writ of error coram nobis is GRANTED and the Defendant’s guilty plea and conviction in 01-cr-977-1 (GHW) are VACATED with prejudice. SO ORDERED. Dated: July 29, 2020 Clerk of Court is directed to terminate the motions pending at Dkt Nos. 8 and 26 in Case No. 1:01-cr-977-1 (GHW) and t Case No. 19-cv-9421. ORDERED. GRE . WOODS July 20, 2020 United States District Judge