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15-553 - Esquivel v. USA


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15-553 - Esquivel v. USA
October 3, 2016
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court should find that a Sixth Amendment violation prevented Esquivel from filing a notice of appeal and grant his Section 2255 motion on that ground for relief, such that he should be permitted to take an out-of-time appeal. The remaining grounds for relief presented by Esquivel should be dismissed without prejudice to his right to raise the claims on direct appeal or in any other permissible collateral proceeding. The judgment in Esquivel's criminal case should be re-entered after the Court has resolved the question of whether to appoint counsel on appeal. Under Federal Rule of Appellate Procedure 4(b), Esquivel should have 14 days from the date of re-entry of judgment to file his notice of appeal with the district court. (Ordered by Magistrate Judge David L Horan on 10/3/2016) (mcrd)
November 21, 2016
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Order Adopting 24 Findings and Recommendations. (Ordered by Judge Sidney A Fitzwater on 11/21/2016) (epm)