Tabb v. United States
- Alvin Hellerstein
- 1:23-cv-05229
- U.S. District Court · Southern District of New York
- 1
In Tabb v. United States, Judge Hellerstein denied Tabb’s motion challenging his sentence under 28 U.S.C. § 2255 and declined a certificate of appealability.
Zimmian Tabb’s request to vacate his federal sentence was denied, and the related civil case was closed. The court also declined to issue a certificate of appealability.
What happened
In Tabb v. United States, Zimmian Tabb asked the court to vacate his sentence under a federal law allowing prisoners to challenge their sentences. The opinion does not describe the specific grounds for his motion.
The court denied the motion in light of the Second Circuit’s decision in United States v. Pastore. Tabb had withdrawn his request for oral argument, and the court stated that no hearing was necessary because the motion and case records showed that he was not entitled to relief.
Judge Alvin K. Hellerstein also declined to issue a certificate of appealability because Tabb had not made the required showing that a constitutional right was denied or that reasonable judges could debate the result. The clerk was directed to close the civil case and terminate the listed motions.
The detailed version
- Tabb v. United States · No. 1:23-cv-05229
- Alvin Hellerstein
- Apr. 10, 2024
Background
Zimmian Tabb filed a motion under 28 U.S.C. § 2255, a procedure that allows a federal prisoner to ask the sentencing court to vacate, set aside, or correct the sentence. The opinion does not identify the specific claim or claims raised in the motion. The case was related to criminal case number 16 Cr. 747 (AK).
Court’s analysis
The court stated that, in light of the Second Circuit’s decision in United States v. Pastore, Tabb’s motion was denied. The opinion does not explain the underlying legal issue or describe how Pastore resolved it. Tabb withdrew his request for oral argument on April 9, 2024. The court concluded that no hearing was necessary because the motion and the files and records conclusively showed that Tabb was not entitled to relief.
Ruling and effect
Judge Alvin K. Hellerstein denied Tabb’s § 2255 motion to vacate his sentence. The judge declined to issue a certificate of appealability, finding that Tabb had not made a substantial showing that a constitutional right had been denied and had not identified a claim on which reasonable judges could debate whether such a denial occurred. The clerk was instructed to terminate the open motions in the civil and criminal dockets and mark civil case 23 Civ. 5229 closed.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.