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Balkany v. U.S.

Recusal, Coram Nobis Relief Denied; Issues Could Have Been Raised on Direct Appeal

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MEMORANDUM OPINION AND ORDER

*1  On August 11, 2017, defendant Milton Balkany’s three year term of supervised release ended. On November 8, he filed a petition for a writ of error coram nobis, and a motion to recuse this Court under 28 U.S.C. §144 and §455. For the following reasons, the motion to recuse and the petition for writ of error coram nobis are denied. On May 20, 2010, Balkany was indicted for extortion and three related crimes. He was convicted by a jury on each count on November 10, and sentenced on February 18, 2011, principally to 48 months’ imprisonment. His conviction was affirmed by summary order on March 19, 2012. United States v. Balkany, 468 F. App’x 49 (2d. Cir. 2012). On December 6, 2012, Balkany filed a habeas corpus petition under 28 U.S.C. §2255. The petition was denied on March 27, 2013 in a decision that also declined to issue a certificate of appealability. Balkany v. United States,

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