Parker v. United States
- Philip Halpern
- 7:21-cv-09558
- U.S. District Court · Southern District of New York
- 1
In Parker v. United States, Judge Halpern denied Parker’s sentence motions, found no hearing necessary, refused an appeal certificate, and closed the case.
Darren Parker’s post-conviction and sentence-related motions were denied; the United States received judgment in its favor, and the civil case was closed.
What happened
In Parker v. United States, Darren Parker asked the court to vacate, set aside, or correct his sentence under a federal post-conviction law and also filed a motion under a sentence-reduction statute.
The court denied both motions and stated that no hearing was necessary. It also declined to issue a certificate allowing an appeal and entered judgment for the United States, closing the civil case.
Judge Halpern’s judgment further stated that an appeal from the merits would not be taken in good faith.
The detailed version
- Parker v. United States · No. 7:21-cv-09558
- Philip Halpern
- Apr. 5, 2022
Background
The judgment concerns Darren Parker’s post-conviction challenge to his sentence. Parker filed a motion under 28 U.S.C. § 2255, a procedure allowing a federal prisoner to ask the sentencing court to vacate, set aside, or correct the sentence. He also filed a motion under 18 U.S.C. § 3582(c). The judgment does not state the specific arguments Parker raised. It refers to a separate memorandum opinion and order dated April 5, 2022, but that memorandum is not included in the provided text.
Ruling
The court denied Parker’s § 2255 motion and stated that no hearing was necessary. It likewise denied Parker’s motion under § 3582(c). The court declined to issue a Certificate of Appealability, which is the court’s certification that a prisoner has made the required showing to appeal the denial of certain post-conviction relief. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the judgment on the merits would not be taken in good faith. Judgment was entered in favor of the United States, and case number 21-CV-09558 was closed. The judgment also lists the related criminal case number 20-CR-224-2.
Effect
The provided judgment denies both of Parker’s motions, leaves no hearing scheduled, denies a Certificate of Appealability, and closes the civil case. It does not explain the court’s reasoning because the referenced memorandum opinion and order is not provided.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.