Judge Miriam Goldman Cedarbaum
Convicted in 1994 of robbery, racketeering, conspiracy and possession of firearms during a crime of violence, Tellier was sentenced to life in prison, four consecutive terms of 20 years, and concurrent terms of 20, 10, and five years in prison. In 2006, district court denied his 1997 petition for 28 USC §2255 habeas relief. It denied his July 2007 motion under Federal Rule of Civil Procedure 60(b) to reconsider relief’s denial, rejecting the three claims that it had not previously addressed. Tellier’s claim that law enforcement covered up its failure to disclose discoverable materials by concocting a story that a basement flood destroyed pertinent records was first raised in a supplemental §2255 petition filed in 2003, and was time-barred as raised more than one year after Tellier’s conviction became final. As to his claim that the court suspended his right to habeas corpus by delaying decision on his §2255 petition, the court noted that although Tellier’s petition was decided eight years after filing, the court authorized Tellier to fileand Tellier did filenumerous supplements thereto. Even if there was a due process violation, the proper remedy was a mandamus to compel a decision, not reconsideration or granting of the §2255 petition itself.
