Minaya v. United States
- Katherine Failla
- 1:22-cv-06338
- U.S. District Court · Southern District of New York
- 20
In Minaya v. United States, Judge Failla directed Minaya to file any reply by February 6, 2023, and attached counsel’s declaration.
Oscar Minaya, the United States of America, and Andrew St. Laurent as the former attorney whose declaration responded to some of Minaya’s claims.
What happened
In Minaya v. United States, the court received the United States’ opposition to Minaya’s motion to vacate and a declaration from his former attorney, Andrew St. Laurent. The order concerned Minaya’s motion under a federal law allowing a person in federal custody to challenge a conviction or sentence.
St. Laurent’s declaration responded to claims that he failed to communicate plea offers and failed to file an appeal after Minaya’s resentencing. St. Laurent said no plea offers were made while he represented Minaya and that Minaya instructed him not to file an appeal.
Judge Katherine Polk Failla did not decide Minaya’s motion or the claims described in the declaration. She directed Minaya to file any reply by February 6, 2023, ordered the clerk to docket the order in both related cases, and directed that the materials be mailed to Minaya.
The detailed version
- Minaya v. United States · No. 1:22-cv-06338
- Katherine Failla
- Dec. 29, 2022
Nature of the Order
This was a scheduling and filing order in Minaya’s challenge to his federal conviction or sentence under 28 U.S.C. § 2255. The court did not rule on the motion to vacate or on the related motions.
Materials Before the Court
The court stated that it had received:
- Andrew St. Laurent’s declaration opposing Minaya’s motion to vacate, dated November 16, 2022; and - the United States’ memorandum opposing the motion to vacate and related motions, filed December 28, 2022.
St. Laurent stated that he had previously represented Minaya and that his declaration addressed claims that he failed to communicate two plea offers and failed to file a notice of appeal after Minaya’s resentencing. According to the declaration, no plea offer was made during St. Laurent’s representation, and Minaya instructed him not to file a notice of appeal. These statements were presented as part of the opposition materials; the December 29 order did not resolve whether they were true or whether they defeated Minaya’s claims.
Court’s Action
Judge Failla directed Minaya to file any reply by February 6, 2023. The court also directed the clerk to docket the order in both the civil case and the related criminal case and to mail Minaya a copy of the order, St. Laurent’s declaration, and the supporting exhibits at his address of record.
Disposition
The opinion is a procedural order. It set a deadline and distributed filings but did not grant, deny, dismiss, or otherwise decide Minaya’s motion to vacate or the related motions.
Read the full 20-page opinion on CourtListener, the free public archive maintained by the Free Law Project.