United States District Court, W.D. Pennsylvania
Brendan T. Conway Assistant U.S. Attorney
Matthew R. McLain, Esq.
Gustave Diamond United States District Judge
before the court is petitioner Vikram Yamba's
("Yamba") Motion Under 28 U.S.C. §2255 to
Vacate, Set Aside or Correct Sentence (the "§2255
Motion") (Document No. 202 at Criminal No. 03-169 and
Document No. 129 at Criminal No. 04-329), and the
government's Response thereto (Document Nos. 205 and 133,
respectively). For the reasons set forth below, Yamba's
§2255 motion will be dismissed.
18, 2003, Yamba was charged at Criminal No. 03-169 with
passing counterfeit currency, in violation of 18 U.S.C.
§472. Yamba changed his plea to guilty and was sentenced
by this member of the court on July 21, 2004, to a five-year
term of probation.
Yamba violated the terms of his probation, this court revoked
his probation on February 14, 2005, and sentenced him to a
term of 10 months imprisonment followed by a 3-year term of
supervised release under the same conditions that originally
applied. Yamba was released from prison on December 8, 2005,
and his term of supervision began.
January 31, 2006, Yamba was convicted following a non-jury
trial of seven counts of wire fraud at Criminal No. 04-329, a
case which was assigned to Judge Thomas Hardiman at that
time. On April 28, 2006, Judge Hardiman sentenced Yamba to 18
months imprisonment at each count to be served concurrently
followed by a 3-year term of supervised release at each count
to run concurrently, and granted Yamba's motion for bond
7, 2007, the probation office filed a supervised release
violation petition at Criminal No. 03-169, alleging that
Yamba violated the terms of his supervision by possessing a
firearm, committing numerous crimes in violation of
Pennsylvania law and testing positive for controlled
substance use. Following a hearing held on May 17, 2007, this
court revoked Yamba's supervised release at Criminal No.
03-169 and sentenced him to a term of 24 months imprisonment
to run consecutive to the 18-month term of imprisonment
imposed by Judge Hardiman at Criminal No. 04-329. Following
release from imprisonment, Yamba was to be placed on
supervised release for 12 months upon the same conditions
originally imposed. The court also revoked Yamba's bond
pending appeal at Criminal No. 04-329.
the United States Court of Appeals for the Third Circuit
issued a precedential opinion on November 14, 2007, affirming
Yamba's conviction at Criminal No. 04-329. See United
States v. Yamba, 506 F.3d 251 (3d Cir. 2007). The United
States Supreme Court denied Yamba's petition for a writ
of certiorari on December 3, 2007. See Yamba v. United
States, 552 U.S. 1071 (2007).
Yamba was released from incarceration, his term of supervised
release began on November 7, 2011. On January 25, 2012, the
probation office filed a petition at both criminal cases
alleging that Yamba violated his supervised release based on
numerous charges that he committed violations of Pennsylvania
law. On July 20, 2012, the probation office filed a
supplemental supervised release violation petition, alleging
that Yamba committed additional violations of Pennsylvania
Yamba was arrested, a supervised release violation hearing
originally was scheduled on August 8, 2012, but was continued
numerous times at the parties' request so that
Yamba's state court matters could be resolved. The
supervised release violation hearing eventually commenced on
December 12, 2012, but was continued again to permit
government counsel to file another supplement alleging that
Yamba had further violated his supervised release by
committing additional state crimes.
a violation hearing held on April 16, 2013, the court revoked
Yamba's supervised release at both cases and sentenced
him to a total term of 144 months imprisonment, consisting of
24 months imprisonment at each of Counts One through Six at
Criminal No. 04-329 to be served consecutively,
24 months imprisonment at Criminal No. 03-169 to run
concurrently with the term imposed at Criminal No. 04-329,
with no supervision to follow at either case.
cases, Yamba filed an appeal of the sentence imposed by this
court for his supervised release violation. On January 8,
2015, the Third Circuit affirmed the judgment of sentence.
See United States v. Yamba, 596 Fed.Appx. 46 (3d
Cir. 2015). The Supreme Court denied Yamba's petition for