Opinion of the Court — Herzog v. United States

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Type: Opinion of the Court
Filed: June 10, 2002
Case: Herzog v. United States
Case status: Decided

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SUMMARY ORDER AFTER ARGUMENT AND UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the District Court is hereby AFFIRMED. Plaintiff-Appellant Donald Herzog appeals from an order entered in the United States District Court for the Southern District of New York (Charles L. Brieant, Judge) denying his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2255 . Having now considered the merits of the issue identified in his Certificate of Appealability, we conclude that the District Court did not abuse its discretion when it determined that a hearing was not necessary to decide Herzog’s § 2255 petition. We therefore affirm the judgment of the District Court. Factual and Procedural Background On September 20, 1993, a sixty-count indictment was filed against Herzog and thirteen other defendants based on Her-zog’s operation of two landfills in New York and Pennsylvania. Following a jury trial, Herzog was convicted of various RICO violations, wire and mail fraud, money laundering, defrauding the IRS, and filing false tax returns. He was sentenced principally to 151 months’ imprisonment, forfeiture of $500,000 and a special assessment of $900. A…

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