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14-577 - USA v. Aruda


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14-577 - USA v. Aruda
May 3, 2017
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ORDER (1) DENYING IN PART MOTION UNDER 28 U.S.C. ยง 2255 TO VACATE, SET ASIDE, OR CORRECT SENTENCE; AND (2) DIRECTING GOVERNMENT TO FILE RESPONSE re 124 as to Patricia Aruda - Signed by JUDGE DERRICK K. WATSON on 5/3/2017. (CR 14-00577 DKW; CV 16-00642 DKW-KSC) "For the foregoing reasons, the Court DENIES Aruda's Section 2255 Motion in part, as to grounds two, three, and four. In addition, the Court DENIES a COA as to those grounds. As to ground one, alleging ineffective assistance of counsel for failure to file an appeal, the United States is DIRECTED to file a Response pursuant to Flores-Ortega and Sandoval-Lopez by June 2, 2017. Because issues remain with Aruda's Section 2255 Motion, it is premature to enter judgment. The Court will further address ground one upon review of the Government's Response." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Patricia Aruda shall be served by first class mail at the address of record on May 4, 2017.