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17-451 - Short v. USA


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17-451 - Short v. USA
January 11, 2018
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MEMORANDUM DECISION AND ORDER - IT IS ORDERED THAT: (1) The governments Motion for Order Concerning Attorney-Client Privilege (Dkt. 5) is GRANTED.(2) The attorney client-privilege is waived to the full extent necessary for the Government to respond to Shorts allegations of ineffective assistance of counsel and to the full extent necessary for defense counsel, Kent Jensen, to provide information related to the subject matter of the allegations. (3) Mr. Jensen is directed to make himself available at a reasonable time and place to answer material questions regarding Shorts § 2255 motion, and to produce an affidavit responding to Shorts allegations of ineffective assistance of counsel that can be filed with this Court on or before 2/2/2018. Any privileged information or documentation provided by Mr. Kent pursuant to this Order shall be utilized solely for purposes of this § 2255 proceeding. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
August 14, 2018
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MEMORANDUM DECISION AND ORDER - 1. NOW THEREFORE IT IS HEREBY ORDERED that Carl Ray Shorts Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody Pursuant to 28 U.S.C. § 2255 (Dkt. 1; Crim. Dkt. 72) is DENIED AND DISMISSED in its entirety. 2. IT IS FURTHER HEREBY ORDERED that no certificate of appealability shall issue. Short is advised that he may still request a certificate of appealability from the Ninth Circuit Court of Appeals, pursuant to Federal Ruley (cjs) of Appellate Procedure 22(b) and Local Ninth Circuit Rule 22-1. To do so, he must file a timely notice of appeal. 3. IT IS FURTHER HEREBY ORDERED that if Short files a timely notice of appeal, and not until such time, the Clerk of Court shall forward a copy of the notice of appeal, together with this Order, to the Ninth Circuit Court of Appeals. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) b