Mendez v. USA

Mendez v. USA

Petitioner:	Carlos Manuel Mendez
Respondent:	USA
Case Number:	1:2012cv00039
Filed:	March 13, 2012
Court:	US District Court for the District of Utah
Office:	Northern Office
County:	Weber
Presiding Judge:	Dale A. Kimball
Nature of Suit:	Motions to Vacate Sentence
Cause of Action:	28 U.S.C. § 2255
Jury Demanded By:	None

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Date Filed	Document Text
November 13, 2012	Filing 15 MEMORANDUM DECISION and Order: Based on the above reasoning, Petitioner § 2255 motion 1 is DENIED as to his claim that counsel was ineffective in not calling certain witnesses at trial. However, as to Petitioners claim that co unsel was ineffective in failing to file a notice of appeal, Petitioner is entitled to an evidentiary hearing. The Clerk of Court is directed to forward this Order to the appropriate Magistrate Judge, who is directed to appoint counsel for Petitioner under 18 U.S.C. § 3006A(a)(2)(B). The court will then conduct the hearing as soon as practicable after the attorneys have adequate time to investigate and prepare. Signed by Judge Dale A. Kimball on 11/13/12. (jlw)

Date Filed

Document Text

November 13, 2012

Filing 15 MEMORANDUM DECISION and Order: Based on the above reasoning, Petitioner § 2255 motion 1 is DENIED as to his claim that counsel was ineffective in not calling certain witnesses at trial. However, as to Petitioners claim that co unsel was ineffective in failing to file a notice of appeal, Petitioner is entitled to an evidentiary hearing. The Clerk of Court is directed to forward this Order to the appropriate Magistrate Judge, who is directed to appoint counsel for Petitioner under 18 U.S.C. § 3006A(a)(2)(B). The court will then conduct the hearing as soon as practicable after the attorneys have adequate time to investigate and prepare. Signed by Judge Dale A. Kimball on 11/13/12. (jlw)

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Respondent: USA
Represented By:	Branden B. Miles
Represented By:	Tyler L. Murray
Represented By:	Michael J. Thorpe
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Petitioner: Carlos Manuel Mendez
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