联邦法院判决 · 人道类申请
United States v. Djoumessi
强迫劳动罪中胁迫与受害人未逃离的认定
538 F.3d 547 (6th Cir. 2008)
第六巡回法院维持了Djoumessi因依18 U.S.C. § 1584强迫一名未成年女性服劳役及窝藏外国人牟利而获的定罪。法院采纳Kozminski案的定义，认为以驱逐出境相威胁可构成法律程序上的胁迫；即使受害人曾有逃跑机会，只要其劳动在部分期间属于非自愿，即足以支持定罪。
所引用的裁判规则
“非自愿劳役”指以人身拘束、人身伤害或通过法律或法律程序进行胁迫相威胁，迫使受害人为被告劳动；以驱逐出境相威胁可构成此类胁迫，且受害人部分期间劳动非自愿即可支持定罪。
适用范围
仅约束第六巡回区联邦法院，属刑事判决，并非USCIS或EOIR的全国性行政先例；USCIS手册仅在强迫劳动相关章节引用其定义。
查看官方引用与核查记录
核查日期：2026-11-04 · 官方判决来源
- 第1章 - 目的与背景
United States v. Djoumessi (PDF) , 538 F.3d 547 (6th Cir. 2008) (“The term ‘involuntary servitude’ necessarily means a condition of servitude in which the victim is forced to work for the defendant by the use or threat of physical restraint or physical injury, or by the use or threat of coercion through law or the legal process. This definition encompasses those cases in which the defendant holds the victim in servitude by placing the victim in fear of such physical restraint or injury or legal coercion.”) (quoting United States v. Kozminski , 487 U.S. 931, 952 (1988)).
- 第1章 - 目的与背景
United States v. Djoumessi (PDF) , 538 F.3d 547, 553 (6th Cir. 2008) (upholding involuntary servitude conviction when coercion involved threats of deportation to Cameroon which victim considered the greatest threat against her because of the conditions there and her desire to help her family through opportunities in the United States).
- 第1章 - 目的与背景
United States v. Djoumessi (PDF) , 538 F.3d 573, 552-53 (6th Cir. 2008) (“Even assuming there were moments during [victim’s] stay when she had an opportunity to escape […] Djoumessi's argument still falls short because a rational trier of fact could conclude that [victim’s] labor was involuntary for at least some portion of her stay. And that involuntary portion would suffice to sustain the conviction.”).
- 第10章 - 身份的有效期与延期
United States v. Djoumessi (PDF) , 538 F.3d 547 (6th Cir. 2008) (“The term ‘involuntary servitude’ necessarily means a condition of servitude in which the victim is forced to work for the defendant by the use or threat of physical restraint or physical injury, or by the use or threat of coercion through law or the legal process. This definition encompasses those cases in which the defendant holds the victim in servitude by placing the victim in fear of such physical restraint or injury or legal coercion.”) (quoting United States v. Kozminski , 487 U.S. 931, 952 (1988)).
- 第10章 - 身份的有效期与延期
United States v. Djoumessi (PDF) , 538 F.3d 547, 553 (6th Cir. 2008) (upholding involuntary servitude conviction when coercion involved threats of deportation to Cameroon which victim considered the greatest threat against her because of the conditions there and her desire to help her family through opportunities in the United States).
- 第10章 - 身份的有效期与延期
United States v. Djoumessi (PDF) , 538 F.3d 573, 552-53 (6th Cir. 2008) (“Even assuming there were moments during [victim’s] stay when she had an opportunity to escape […] Djoumessi's argument still falls short because a rational trier of fact could conclude that [victim’s] labor was involuntary for at least some portion of her stay. And that involuntary portion would suffice to sustain the conviction.”).
- 第11章 - 联邦福利与工作许可
United States v. Djoumessi (PDF) , 538 F.3d 547 (6th Cir. 2008) (“The term ‘involuntary servitude’ necessarily means a condition of servitude in which the victim is forced to work for the defendant by the use or threat of physical restraint or physical injury, or by the use or threat of coercion through law or the legal process. This definition encompasses those cases in which the defendant holds the victim in servitude by placing the victim in fear of such physical restraint or injury or legal coercion.”) (quoting United States v. Kozminski , 487 U.S. 931, 952 (1988)).
- 第11章 - 联邦福利与工作许可
United States v. Djoumessi (PDF) , 538 F.3d 547, 553 (6th Cir. 2008) (upholding involuntary servitude conviction when coercion involved threats of deportation to Cameroon which victim considered the greatest threat against her because of the conditions there and her desire to help her family through opportunities in the United States).
- 第11章 - 联邦福利与工作许可
United States v. Djoumessi (PDF) , 538 F.3d 573, 552-53 (6th Cir. 2008) (“Even assuming there were moments during [victim’s] stay when she had an opportunity to escape […] Djoumessi's argument still falls short because a rational trier of fact could conclude that [victim’s] labor was involuntary for at least some portion of her stay. And that involuntary portion would suffice to sustain the conviction.”).
- 第12章 - 美国境外旅行
United States v. Djoumessi (PDF) , 538 F.3d 547 (6th Cir. 2008) (“The term ‘involuntary servitude’ necessarily means a condition of servitude in which the victim is forced to work for the defendant by the use or threat of physical restraint or physical injury, or by the use or threat of coercion through law or the legal process. This definition encompasses those cases in which the defendant holds the victim in servitude by placing the victim in fear of such physical restraint or injury or legal coercion.”) (quoting United States v. Kozminski , 487 U.S. 931, 952 (1988)).
- 第12章 - 美国境外旅行
United States v. Djoumessi (PDF) , 538 F.3d 547, 553 (6th Cir. 2008) (upholding involuntary servitude conviction when coercion involved threats of deportation to Cameroon which victim considered the greatest threat against her because of the conditions there and her desire to help her family through opportunities in the United States).
- 第12章 - 美国境外旅行
United States v. Djoumessi (PDF) , 538 F.3d 573, 552-53 (6th Cir. 2008) (“Even assuming there were moments during [victim’s] stay when she had an opportunity to escape […] Djoumessi's argument still falls short because a rational trier of fact could conclude that [victim’s] labor was involuntary for at least some portion of her stay. And that involuntary portion would suffice to sustain the conviction.”).
- 第13章 - 身份的撤销
United States v. Djoumessi (PDF) , 538 F.3d 547 (6th Cir. 2008) (“The term ‘involuntary servitude’ necessarily means a condition of servitude in which the victim is forced to work for the defendant by the use or threat of physical restraint or physical injury, or by the use or threat of coercion through law or the legal process. This definition encompasses those cases in which the defendant holds the victim in servitude by placing the victim in fear of such physical restraint or injury or legal coercion.”) (quoting United States v. Kozminski , 487 U.S. 931, 952 (1988)).
- 第13章 - 身份的撤销
United States v. Djoumessi (PDF) , 538 F.3d 547, 553 (6th Cir. 2008) (upholding involuntary servitude conviction when coercion involved threats of deportation to Cameroon which victim considered the greatest threat against her because of the conditions there and her desire to help her family through opportunities in the United States).
- 第13章 - 身份的撤销
United States v. Djoumessi (PDF) , 538 F.3d 573, 552-53 (6th Cir. 2008) (“Even assuming there were moments during [victim’s] stay when she had an opportunity to escape […] Djoumessi's argument still falls short because a rational trier of fact could conclude that [victim’s] labor was involuntary for at least some portion of her stay. And that involuntary portion would suffice to sustain the conviction.”).
- 第14章 - 保密保护与禁止披露
United States v. Djoumessi (PDF) , 538 F.3d 547 (6th Cir. 2008) (“The term ‘involuntary servitude’ necessarily means a condition of servitude in which the victim is forced to work for the defendant by the use or threat of physical restraint or physical injury, or by the use or threat of coercion through law or the legal process. This definition encompasses those cases in which the defendant holds the victim in servitude by placing the victim in fear of such physical restraint or injury or legal coercion.”) (quoting United States v. Kozminski , 487 U.S. 931, 952 (1988)).
- 第14章 - 保密保护与禁止披露
United States v. Djoumessi (PDF) , 538 F.3d 547, 553 (6th Cir. 2008) (upholding involuntary servitude conviction when coercion involved threats of deportation to Cameroon which victim considered the greatest threat against her because of the conditions there and her desire to help her family through opportunities in the United States).
- 第14章 - 保密保护与禁止披露
United States v. Djoumessi (PDF) , 538 F.3d 573, 552-53 (6th Cir. 2008) (“Even assuming there were moments during [victim’s] stay when she had an opportunity to escape […] Djoumessi's argument still falls short because a rational trier of fact could conclude that [victim’s] labor was involuntary for at least some portion of her stay. And that involuntary portion would suffice to sustain the conviction.”).
- 第2章 - 资格要求
United States v. Djoumessi (PDF) , 538 F.3d 547 (6th Cir. 2008) (“The term ‘involuntary servitude’ necessarily means a condition of servitude in which the victim is forced to work for the defendant by the use or threat of physical restraint or physical injury, or by the use or threat of coercion through law or the legal process. This definition encompasses those cases in which the defendant holds the victim in servitude by placing the victim in fear of such physical restraint or injury or legal coercion.”) (quoting United States v. Kozminski , 487 U.S. 931, 952 (1988)).
- 第2章 - 资格要求
United States v. Djoumessi (PDF) , 538 F.3d 547, 553 (6th Cir. 2008) (upholding involuntary servitude conviction when coercion involved threats of deportation to Cameroon which victim considered the greatest threat against her because of the conditions there and her desire to help her family through opportunities in the United States).
- 第2章 - 资格要求
United States v. Djoumessi (PDF) , 538 F.3d 573, 552-53 (6th Cir. 2008) (“Even assuming there were moments during [victim’s] stay when she had an opportunity to escape […] Djoumessi's argument still falls short because a rational trier of fact could conclude that [victim’s] labor was involuntary for at least some portion of her stay. And that involuntary portion would suffice to sustain the conviction.”).
- 第3章 - 主申请人的文件与证据
United States v. Djoumessi (PDF) , 538 F.3d 547 (6th Cir. 2008) (“The term ‘involuntary servitude’ necessarily means a condition of servitude in which the victim is forced to work for the defendant by the use or threat of physical restraint or physical injury, or by the use or threat of coercion through law or the legal process. This definition encompasses those cases in which the defendant holds the victim in servitude by placing the victim in fear of such physical restraint or injury or legal coercion.”) (quoting United States v. Kozminski , 487 U.S. 931, 952 (1988)).
- 第3章 - 主申请人的文件与证据
United States v. Djoumessi (PDF) , 538 F.3d 547, 553 (6th Cir. 2008) (upholding involuntary servitude conviction when coercion involved threats of deportation to Cameroon which victim considered the greatest threat against her because of the conditions there and her desire to help her family through opportunities in the United States).
- 第3章 - 主申请人的文件与证据
United States v. Djoumessi (PDF) , 538 F.3d 573, 552-53 (6th Cir. 2008) (“Even assuming there were moments during [victim’s] stay when she had an opportunity to escape […] Djoumessi's argument still falls short because a rational trier of fact could conclude that [victim’s] labor was involuntary for at least some portion of her stay. And that involuntary portion would suffice to sustain the conviction.”).
- 第4章 - 家庭成员
United States v. Djoumessi (PDF) , 538 F.3d 547 (6th Cir. 2008) (“The term ‘involuntary servitude’ necessarily means a condition of servitude in which the victim is forced to work for the defendant by the use or threat of physical restraint or physical injury, or by the use or threat of coercion through law or the legal process. This definition encompasses those cases in which the defendant holds the victim in servitude by placing the victim in fear of such physical restraint or injury or legal coercion.”) (quoting United States v. Kozminski , 487 U.S. 931, 952 (1988)).
- 第4章 - 家庭成员
United States v. Djoumessi (PDF) , 538 F.3d 547, 553 (6th Cir. 2008) (upholding involuntary servitude conviction when coercion involved threats of deportation to Cameroon which victim considered the greatest threat against her because of the conditions there and her desire to help her family through opportunities in the United States).
- 第4章 - 家庭成员
United States v. Djoumessi (PDF) , 538 F.3d 573, 552-53 (6th Cir. 2008) (“Even assuming there were moments during [victim’s] stay when she had an opportunity to escape […] Djoumessi's argument still falls short because a rational trier of fact could conclude that [victim’s] labor was involuntary for at least some portion of her stay. And that involuntary portion would suffice to sustain the conviction.”).
- 第5章 - 家庭成员的证明文件和证据
United States v. Djoumessi (PDF) , 538 F.3d 547 (6th Cir. 2008) (“The term ‘involuntary servitude’ necessarily means a condition of servitude in which the victim is forced to work for the defendant by the use or threat of physical restraint or physical injury, or by the use or threat of coercion through law or the legal process. This definition encompasses those cases in which the defendant holds the victim in servitude by placing the victim in fear of such physical restraint or injury or legal coercion.”) (quoting United States v. Kozminski , 487 U.S. 931, 952 (1988)).
- 第5章 - 家庭成员的证明文件和证据
United States v. Djoumessi (PDF) , 538 F.3d 547, 553 (6th Cir. 2008) (upholding involuntary servitude conviction when coercion involved threats of deportation to Cameroon which victim considered the greatest threat against her because of the conditions there and her desire to help her family through opportunities in the United States).
- 第5章 - 家庭成员的证明文件和证据
United States v. Djoumessi (PDF) , 538 F.3d 573, 552-53 (6th Cir. 2008) (“Even assuming there were moments during [victim’s] stay when she had an opportunity to escape […] Djoumessi's argument still falls short because a rational trier of fact could conclude that [victim’s] labor was involuntary for at least some portion of her stay. And that involuntary portion would suffice to sustain the conviction.”).
- 第6章 - 真实善意认定
United States v. Djoumessi (PDF) , 538 F.3d 547 (6th Cir. 2008) (“The term ‘involuntary servitude’ necessarily means a condition of servitude in which the victim is forced to work for the defendant by the use or threat of physical restraint or physical injury, or by the use or threat of coercion through law or the legal process. This definition encompasses those cases in which the defendant holds the victim in servitude by placing the victim in fear of such physical restraint or injury or legal coercion.”) (quoting United States v. Kozminski , 487 U.S. 931, 952 (1988)).
- 第6章 - 真实善意认定
United States v. Djoumessi (PDF) , 538 F.3d 547, 553 (6th Cir. 2008) (upholding involuntary servitude conviction when coercion involved threats of deportation to Cameroon which victim considered the greatest threat against her because of the conditions there and her desire to help her family through opportunities in the United States).
- 第6章 - 真实善意认定
United States v. Djoumessi (PDF) , 538 F.3d 573, 552-53 (6th Cir. 2008) (“Even assuming there were moments during [victim’s] stay when she had an opportunity to escape […] Djoumessi's argument still falls short because a rational trier of fact could conclude that [victim’s] labor was involuntary for at least some portion of her stay. And that involuntary portion would suffice to sustain the conviction.”).
- 第7章 - 裁定
United States v. Djoumessi (PDF) , 538 F.3d 547 (6th Cir. 2008) (“The term ‘involuntary servitude’ necessarily means a condition of servitude in which the victim is forced to work for the defendant by the use or threat of physical restraint or physical injury, or by the use or threat of coercion through law or the legal process. This definition encompasses those cases in which the defendant holds the victim in servitude by placing the victim in fear of such physical restraint or injury or legal coercion.”) (quoting United States v. Kozminski , 487 U.S. 931, 952 (1988)).
- 第7章 - 裁定
United States v. Djoumessi (PDF) , 538 F.3d 547, 553 (6th Cir. 2008) (upholding involuntary servitude conviction when coercion involved threats of deportation to Cameroon which victim considered the greatest threat against her because of the conditions there and her desire to help her family through opportunities in the United States).
- 第7章 - 裁定
United States v. Djoumessi (PDF) , 538 F.3d 573, 552-53 (6th Cir. 2008) (“Even assuming there were moments during [victim’s] stay when she had an opportunity to escape […] Djoumessi's argument still falls short because a rational trier of fact could conclude that [victim’s] labor was involuntary for at least some portion of her stay. And that involuntary portion would suffice to sustain the conviction.”).
- 第8章 - 年度配额与等待名单
United States v. Djoumessi (PDF) , 538 F.3d 547 (6th Cir. 2008) (“The term ‘involuntary servitude’ necessarily means a condition of servitude in which the victim is forced to work for the defendant by the use or threat of physical restraint or physical injury, or by the use or threat of coercion through law or the legal process. This definition encompasses those cases in which the defendant holds the victim in servitude by placing the victim in fear of such physical restraint or injury or legal coercion.”) (quoting United States v. Kozminski , 487 U.S. 931, 952 (1988)).
- 第8章 - 年度配额与等待名单
United States v. Djoumessi (PDF) , 538 F.3d 547, 553 (6th Cir. 2008) (upholding involuntary servitude conviction when coercion involved threats of deportation to Cameroon which victim considered the greatest threat against her because of the conditions there and her desire to help her family through opportunities in the United States).
- 第8章 - 年度配额与等待名单
United States v. Djoumessi (PDF) , 538 F.3d 573, 552-53 (6th Cir. 2008) (“Even assuming there were moments during [victim’s] stay when she had an opportunity to escape […] Djoumessi's argument still falls short because a rational trier of fact could conclude that [victim’s] labor was involuntary for at least some portion of her stay. And that involuntary portion would suffice to sustain the conviction.”).
- 第9章 - 递解出境程序中的申请人
United States v. Djoumessi (PDF) , 538 F.3d 547 (6th Cir. 2008) (“The term ‘involuntary servitude’ necessarily means a condition of servitude in which the victim is forced to work for the defendant by the use or threat of physical restraint or physical injury, or by the use or threat of coercion through law or the legal process. This definition encompasses those cases in which the defendant holds the victim in servitude by placing the victim in fear of such physical restraint or injury or legal coercion.”) (quoting United States v. Kozminski , 487 U.S. 931, 952 (1988)).
- 第9章 - 递解出境程序中的申请人
United States v. Djoumessi (PDF) , 538 F.3d 547, 553 (6th Cir. 2008) (upholding involuntary servitude conviction when coercion involved threats of deportation to Cameroon which victim considered the greatest threat against her because of the conditions there and her desire to help her family through opportunities in the United States).
- 第9章 - 递解出境程序中的申请人
United States v. Djoumessi (PDF) , 538 F.3d 573, 552-53 (6th Cir. 2008) (“Even assuming there were moments during [victim’s] stay when she had an opportunity to escape […] Djoumessi's argument still falls short because a rational trier of fact could conclude that [victim’s] labor was involuntary for at least some portion of her stay. And that involuntary portion would suffice to sustain the conviction.”).
以上记录用于核对官方对具体规则的引用。部分推翻、法律修订或有管辖权法院的后续判决，可能影响其适用范围。
完整中文参考译文，按原文页码与段落对应，保留标题、引注及脚注。官方文本为英文原件。
原文第 1 页
NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 11a0677n.06
不建议全文出版 文件名：11a0677n.06
FILED
已归档
No. 10-2614
第10-2614号
Sep 15, 2011
2011年9月15日
LEONARD GREEN, Clerk
LEONARD GREEN，书记员
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT
美国第六巡回上诉法院
JOSEPH DJOUMESSI, ) ) Petitioner-Appellant, ) ON APPEAL FROM THE ) UNITED STATES DISTRICT v. ) COURT FOR THE EASTERN ) DISTRICT OF MICHIGAN UNITED STATES OF AMERICA, ) ) Respondent-Appellee. ) )
JOSEPH DJOUMESSI， ) ) 申请人-上诉人， ) 来自 ) 美国地区 v. ) 密歇根东区 ) 地区法院 UNITED STATES OF AMERICA， ) ) 被上诉人-被申请人。 ) )
BEFORE: MOORE, GRIFFIN, and WHITE, Circuit Judges.
审理法官：MOORE、GRIFFIN和WHITE，巡回法院法官。
PER CURIAM.
法院全体意见。
Joseph Djoumessi, a federal prisoner, appeals a district court judgment denying his motion
Joseph Djoumessi，一名联邦囚犯，对地区法院驳回其动议的判决提出上诉
to vacate sentence pursuant to 28 U.S.C. § 2255. We affirm.
该动议依据28 U.S.C. § 2255请求撤销判决。我们维持原判。
In 2006, following a bench trial, the district court found Djoumessi guilty as charged of
2006年，经法官审判后，地区法院认定Djoumessi被指控的罪名成立
willfully holding a minor female in involuntary servitude, in violation of 18 U.S.C. § 1584,
即故意使一名未成年女性处于非自愿奴役状态，违反18 U.S.C. § 1584，
conspiracy to hold the victim in involuntary servitude, see id. §§ 371, 1584, and harboring an alien
共谋使受害人处于非自愿奴役状态，见同上 §§ 371、1584，以及为私人经济利益窝藏外国人
for private financial gain, in violation of 8 U.S.C. § 1324. We affirmed Djoumessi’s convictions.
违反8 U.S.C. § 1324。我们维持了Djoumessi的定罪。
United States v. Djoumessi, 538 F.3d 547 (6th Cir. 2008). Djoumessi petitioned the Supreme Court
United States v. Djoumessi, 538 F.3d 547 (6th Cir. 2008)。Djoumessi向最高法院
for a writ of certiorari, and the Court denied his petition on January 12, 2009. Djoumessi v. United
申请调卷令，法院于2009年1月12日驳回其申请。Djoumessi v. United
States, 129 S. Ct. 948 (2009).
States, 129 S. Ct. 948 (2009)。
原文第 2 页
No. 10-2614 Djoumessi v. USA
第10-2614号 Djoumessi v. USA
On January 25, 2010, Djoumessi filed a motion to vacate his sentence pursuant to 28 U.S.C.
2010年1月25日，Djoumessi依据28 U.S.C.
§ 2255 after the expiration of the one-year statute of limitations set forth in § 2255(f)(1). Djoumessi
§ 2255提交撤销判决动议，此时§ 2255(f)(1)规定的一年诉讼时效已届满。Djoumessi
claimed that the district court should permit the filing of the motion pursuant to the doctrine of
主张地区法院应依据衡平法上的时效中止原则允许提交该动议
equitable tolling for two reasons: (1) he mistakenly believed that the deadline for his motion was
理由有二：(1) 他误以为其动议的截止日期是
January 26, 2010, which was one year from the time the district court docketed the Supreme Court’s
2010年1月26日，即地区法院将最高法院关于
letter indicating that certiorari had been denied; and (2) he was denied access to his legal documents
调卷令已被驳回的信函登记入卷之日起一年；以及(2) 他在假释出狱后
for a period of seventy-one days during his transfer from state to federal custody after being paroled
从州监狱转至联邦羁押期间，有七十一日无法接触其法律文件
from his state convictions.1
（其州定罪假释后）。1
The district court denied Djoumessi’s untimely motion because, although the statute of
地区法院驳回了Djoumessi的逾期动议，因为尽管诉讼时效
limitations could be tolled, see Holland v. Florida, 130 S. Ct. 2549, 2560 (2010), and Robertson v.
可以中止，见Holland v. Florida, 130 S. Ct. 2549, 2560 (2010)，以及Robertson v.
Simpson, 624 F.3d 781, 784 (6th Cir. 2010), Djoumessi failed to demonstrate the requisite
Simpson, 624 F.3d 781, 784 (6th Cir. 2010)，但Djoumessi未能证明
extraordinary circumstances and diligence necessary to warrant equitable tolling. Nevertheless, the
获得衡平法时效中止所需的特殊情形和勤勉。尽管如此，
district court granted Djoumessi a certificate of appealability on the issue of whether his § 2255
地区法院就Djoumessi的§ 2255
motion is barred by the statute of limitations.
动议是否因诉讼时效而受阻的问题，向其颁发了上诉许可证明。
In these circumstances, we review the district court’s decision regarding equitable tolling for
在此情形下，我们审查地区法院关于衡平法时效中止的决定
an abuse of discretion. See Robertson, 624 F.3d at 784. Having carefully considered the record on
是否滥用裁量权。见Robertson, 624 F.3d at 784。经审慎考虑
1In 2001, Djoumessi was convicted by a jury in the Michigan circuit court of third-degree criminal sexual conduct and third-degree child abuse, stemming from the same events that led to the subsequent federal charges. His convictions and sentence of nine to fifteen years of imprisonment were affirmed by the Michigan Court of Appeals and the Michigan Supreme Court. See People v. Djoumessi, No. 238631, 2003 WL 22439688 (Mich. Ct. App. Oct. 28, 2003) (unpublished), and 683 N.W.2d 672 (Mich. July 29, 2004) (table), respectively.
1 2001年，Djoumessi被密歇根巡回法院陪审团判定犯有三级 性犯罪行为和三级虐待儿童罪，该等罪行源于导致 后续联邦指控的同一事件。其定罪及九至十五年监禁的刑罚 经密歇根上诉法院和密歇根最高法院维持。分别见People v. Djoumessi, No. 238631, 2003 WL 22439688 (Mich. Ct. App. Oct. 28, 2003)（未出版）， 以及683 N.W.2d 672 (Mich. July 29, 2004)（表格）。
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原文第 3 页
No. 10-2614 Djoumessi v. USA
第10-2614号 Djoumessi v. USA
appeal, the briefs of the parties, and the applicable law, we conclude that a panel opinion further
上诉记录、当事人书状及适用法律后，我们认定合议庭进一步
addressing this issue would be duplicative and serve no jurisprudential purpose. We are satisfied,
论述此问题的意见将属重复且无判例价值。我们确信，
for the reasons stated in the district court’s thorough, well-written opinion of November 17, 2010,
基于地区法院2010年11月17日详尽、精心撰写的意见所述理由，
that the court did not abuse its discretion in denying Djoumessi’s belated § 2255 motion to vacate
法院驳回Djoumessi迟延的§ 2255撤销判决动议并未滥用裁量权
sentence.
。
Accordingly, the district court’s judgment is affirmed.
据此，维持地区法院的判决。
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