Case details

Court: nysd
Docket #: 1:15-cv-06635
Case Name: Whitman v. United States of America
PACER case #: 446521
Date filed: 2015-03-25
Assigned to: Judge Jed S. Rakoff
Case Cause: 28:2255 Motion to Vacate / Correct Illegal Sentenc
Nature of Suit: 510 Prisoner: Vacate Sentence
Jury Demand: None
Jurisdiction: U.S. Government Defendant

Parties

Represented Party Attorney & Contact Info
Doug Whitman
Plaintiff
Alexandra A. E. Shapiro
Shapiro Arato LLP 500 Fifth Avenue, 40th Floor New York, NY 10110 (212)-257-4880 Fax: (212) 202-6417 Email: ashapiro@shapiroarato.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

United States of America
Defendant

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2015-03-25 1 0 MOTION to Vacate, Set Aside or Correct Sentence (28 U.S.C. 2255). NO FURTHER ENTRIES. PLEASE SEE CRIMINAL CASE: 12cr125 (JSR).Document filed by Doug Whitman.(laq) Modified on 8/21/2015 (laq). (Entered: 08/21/2015)
2015-03-25 2 0 MEMORANDUM OF LAW in Support re: 1 Motion to Vacate/Set Aside/Correct Sentence (2255). Document filed by Doug Whitman. (laq) Modified on 8/21/2015 (laq). (Entered: 08/21/2015)
2015-03-25 3 0 DECLARATION of Alexandra A.E. Shapiro in Support re: 1 Motion to Vacate/Set Aside/Correct Sentence (2255). Document filed by Doug Whitman. (Attachments: # 1 1, # 2 2, # 3 3, # 4 4, # 5 5, # 6 6, # 7 7, # 8 8, # 9 9)(laq) Modified on 8/21/2015 (laq). (Entered: 08/21/2015)
2015-03-27 4 0 ORDER FOR ADMISSION PRO HAC VICE granting [181 in case #12cr125] Motion for Theodore Sampsell-Jones to Appear Pro Hac Vice as to Doug Whitman (1). Applicant is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. (Signed by Judge Jed S. Rakoff on 3/25/2015). Document filed by Doug Whitman. (laq) Modified on 8/21/2015 (laq). (Entered: 08/21/2015)
2015-04-15 5 0 MEMORANDUM OF LAW in Opposition re: 1 Motion to Vacate/Set Aside/Correct Sentence (2255). Document filed by United States of America. (Attachments: # 1 1)(laq) (Entered: 08/21/2015)
2015-04-22 6 0 REPLY MEMORANDUM OF LAW in Support re: 1 Motion to Vacate/Set Aside/Correct Sentence (2255). Document filed by Doug Whitman. (laq) Modified on 8/21/2015 (laq). (Entered: 08/21/2015)
2015-04-22 7 0 REPLY AFFIRMATION of Alexandra A.E. Shapiro in Support re: 1 Motion to Vacate/Set Aside/Correct Sentence (2255). Document filed by Doug Whitman. (Attachments: # 1 1, # 2 2)(laq) (Entered: 08/21/2015)
2015-07-22 8 0 MEMORANDUM ORDER as to (12-Cr-125-01) Doug Whitman. On August 20, 2012, following a three-week trial, the jury in this case convicted defendant Douglas Whitman of two counts of conspiracy to commit securities fraud and two counts of substantive securities fraud. In so doing, the jury found that Whitman, a second-level tippee, traded and conspired to trade on material non-public information that he received from two direct tippees of insiders at three publicly traded companies -- insiders whom, Whitman knew, received or expected to receive personal benefits in return. The Second Circuit affirmed the convictions on appeal. See United States v. Whitman, 555 F. App'x 98 (2d Cir. 2014). Whitman now moves pursuant to 28 U.S.C. ยง 2255 to vacate his conviction and sentence, joining the ranks of defendants who seek to find belated advantage in an overbroad reading of the Second Circuit's recent decision in United States v. Newman, 773 F.3d 438 (2d Cir. 2014)....[See this Memorandum Order]... Without multiplying examples, the contention that Whitman was actually innocent would be frivolous if made, and so it is understandable that no such claim is made. Accordingly, for the foregoing reasons, the Court hereby denies Whitman's motion to vacate his conviction and sentence. SO ORDERED. (Signed by Judge Jed S. Rakoff on 7/22/2015) (Signed by Judge Jed S. Rakoff on 7/22/2015) (laq) (Entered: 08/21/2015)
2015-08-05 9 0 ORDER as to Doug Whitman. Accordingly, for the foregoing reasons, the Court hereby denies Whitman's motion for a certificate of appealability. (Signed by Judge Jed S. Rakoff on 8/5/2015) (laq) (Entered: 08/21/2015)
2015-08-11 10 0 NOTICE OF APPEAL by Doug Whitman from 8 Memorandum Order. Filing fee $ 505.00, receipt number 465401132031. [This document also entered in case: 12cr0125, doc. # 191]. (laq) Modified on 8/21/2015 (nd). (Entered: 08/21/2015)
2015-12-30 11 0 MEMORANDUM ORDER: For the foregoing reasons, the Court hereby denies Whitman's motion. The Clerk of the Court is directed to close the motion at docket number 193 of the criminal docket captioned above. (As further set forth in this Order.) (Signed by Judge Jed S. Rakoff on 12/30/2015) (spo) (Entered: 12/30/2015) 2015-12-30 17:07:51 9a8d924e6e633e8a6fad6217640312cc279382ef
2016-02-02 12 0 ORDER of USCA (Certified Copy) re: 11 Notice of Appeal. USCA Case Number 15-2686. Petitioner-Appellant moves for release pending appeal. Upon due consideration, it is hereby ORDERED that the motion is GRANTED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 02/02/2016. (nd) (Entered: 02/04/2016)