Summary
The United States District Court for the Northern District of New York denied and dismissed Andrew Jones’s petition for a writ of habeas corpus under 28 U.S.C. § 2254. The court held that Jones’s challenges based on New York sentencing law were not cognizable on federal habeas review and that the state court’s rejection of his Double Jeopardy claim was neither contrary to nor an unreasonable application of clearly established Supreme Court precedent. The court also denied a certificate of appealability.
Holdings
- A federal habeas court may not grant relief based solely on an alleged error in the interpretation or application of New York sentencing law.
- Recalculation of parole eligibility based on the remaining aggregate sentence did not violate double jeopardy because Jones had no legitimate expectation of finality in the uncompleted aggregate sentence.
- The petition could not be granted because the state courts' rejection of the double-jeopardy claim was not contrary to or an unreasonable application of clearly established Supreme Court law and was not based on an unreasonable factual determination.
Questions Presented
- Whether Jones's challenge to the state courts' application of New York sentencing and sentence-credit statutes was cognizable on federal habeas review.
- Whether the recalculation of Jones's parole-eligibility date and continued service of the aggregate sentence violated the Double Jeopardy Clause.
- Whether the state courts' rejection of Jones's federal claims was contrary to, or an unreasonable application of, clearly established federal law under AEDPA.
Disposition
dismissed
Cases Cited (27)
- People v. Jones, 171 A.D.3d 1249, 1249-51 (3d Dep't 2019)(followed)
- People v. Jones, 136 A.D.3d 1153 (3d Dep't 2016)(followed)
- People v. Jones, 27 N.Y.3d 1000 (N.Y. 2016)(followed)
- People v. Jones, 33 N.Y.3d 1070 (N.Y. 2019)(followed)
- Williams v. Taylor, 529 U.S. 362, 405, 409-13 (2000)(followed)
- Smalls v. Batista, 191 F.3d 272, 278 (2d Cir. 1999)(followed)
- Jones v. Vacco, 126 F.3d 408, 415 (2d Cir. 1997)(followed)
- Dolphy v. Mantello, 552 F.3d 236, 238 (2d Cir. 2009)(followed)
- Spears v. Greiner, 459 F.3d 200, 203 (2d Cir. 2006)(followed)
- Harrington v. Richter, 562 U.S. 86, 98 (2011)(followed)
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Cited In (0)
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Court Document
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