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17-2348 - Jimenez-Torres v. USA


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17-2348 - Jimenez-Torres v. USA
April 6, 2018
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JUDGMENT of USCA (certified copy) as to Wilfredo Jimenez-Torres (1) re 70 Notice of Appeal - Final Judgment (filed in Cr. 13-cr-291-CCC); In November 2017, Defendant-Appellant Wilfredo Jimenez-Torres, pro se, filed in the district court a document captioned "notice of appeal under the 28 U.S.C. § 2255." However, we now conclude that the filing was intended as a § 2255 motion. Accordingly, the clerk shall transfer the motion back to the United States District Court for the District of Puerto Rico. This court expresses no view as to whether the motion is timely or meritorious, and we leave it to the district court to coordinate handling of this motion with handling of the § 2255 motion that Jimenez-Torres filed several weeks after filing the current motion. See D. Ct. Case No. 17-cv-02348-CCC. This appeal is TERMINATED. (Attachments: # (1) Exhibit Motion) (xi)