Gamez v. USA
||March 5, 2013
||Texas Northern District Court
||Sidney A Fitzwater
||Renee Harris Toliver
|Nature of Suit:
||Prisoner: Vacate Sentence
|Cause of Action:
||28:2255 Motion to Vacate / Correct Illegal Sentence
|Jury Demanded By:
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|Date Filed||#||Document Text|
|May 30, 2013
ORDER: It is ordered that the 7 findings, conclusions, and recommendation of the magistrate judge are adopted. Accordingly, the court Grants in part the motion to vacate, set aside, or correct sentence, under 28 U.S.C. § 2255, as to the fi rst and second claims that petitioner's defense attorney rendered constitutionally ineffective assistance of counsel in failing to file a requested notice of appeal, orders that petitioner be permitted to file an out-of-time appeal in the unde rlying criminal action, and dismisses without prejudice the remaining § 2255 claims. It is further ordered that the United States District Clerk reenter the judgment in Criminal No. 3:11-CR-081-D(03), and file a notice of appeal on petitioner's behalf no later than 14 days after the reentry of the criminal judgment. (Ordered by Chief Judge Sidney A Fitzwater on 5/30/2013) (twd)
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