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13-083 - Contreras v. United States of America


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13-083 - Contreras v. United States of America
September 20, 2017
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REPORT AND RECOMMENDATIONS re 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) as to Criminal Case No. 1:02-CR-562 (Defendant No. 04) Objections to R&R due by 10/4/2017(Signed by Magistrate Judge Ignacio Torteya, III) Parties notified.(mperez, 1)
March 6, 2018
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ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 76 Report and Recommendations; DENIES 80 Respondent's Motion for an Evidentiary Hearing; and Alternative Motion for Leave to File Out-of-Time Objections. The Court CONSTRUES the Government's Amended Response and Alternative Motion to Dismiss 32 as a combined motion to dismiss and motion for summary judgment; GRANTS IN PART the Government's motion 32 to the extent that is seeks dismissal of Contreras's second claim, alleging improper sentencing; DENIES IN PART the Government's motion 32 to the extent that it seeks dismissal of Contreras's first claim, alleging ineffective assistance of counsel; GRANTS Contreras relief as to his first claim; ORDERS Contreras to inform the Court of the status of representation in his related criminal case, Case No. 1:02-cr-562, within 21 days from the date of this order; and ORDERS the Government to reoffer the plea agreement which it offered during its 2003 negotiations with Contreras's then-attorney, Larry Warner, in Criminal Case No. 1:02-cr-562, within 21 days after an attorney appears or is appointed for Contreras in his criminal case. (Signed by Judge Hilda G Tagle) Parties notified.(scavazos, 1)