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U.S. v. Sumlin

Conviction Denied Vacatur; 'Rehaif' Claims Lack Merit; Guilty Plea Knowing, Voluntary

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OPINION & ORDER   Defendant Corey Sumlin moves without counsel to vacate, set aside, or correct his sentence under 28 U.S.C. §2255. (Def.’s Mot., ECF No. 34.) He brings several claims, most of which depend on the U.S. Supreme Court’s decision in Rehaif v. United States, 139 S. Ct. 2191 (2019). Even construing Sumlin’s motion liberally as a pro se litigant, as the Court must, see Green v. United States, 260 F.3d 78, 83 (2d Cir. 2001), there is no merit to his claims. Sumlin’s motion is therefore denied in full. I. BACKGROUND In August 2013, Sumlin was arrested while carrying a handgun in the Bronx, New York. (PSR

36-38, ECF No. 29.) Owing to his two prior New York state felony convictions, Sumlin was charged with one count of being a felon in possession of a firearm in violation of 18 U.S.C. §922(g)(1). Sumlin pleaded guilty to this charge before Judge Denise L. Cote, who sentenced him to forty-six months’ imprisonment, followed by three years’ supervised release. (Id. 36.) Sumlin was released from prison in January 2018, after which he began his term of supervised release. (Id. 40.) In May 2018, however, Sumlin was again arrested while carrying a handgun in the Bronx. (Id.

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