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United States v. Yamba

United States District Court, W.D. Pennsylvania

January 17, 2017

UNITED STATES OF AMERICA
v.
VIKRAM YAMBA

          Brendan T. Conway Assistant U.S. Attorney

          Matthew R. McLain, Esq.

          OPINION

          Gustave Diamond United States District Judge

         Presently 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.

         I. Background

         On June 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.

         After 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.

         On 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 pending appeal.

         On May 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.

         Subsequently, 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).

         After 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 law.

         After 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.

         Following 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, [1] and 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.[2]

         In both 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 a ...


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