Hernandez-Arellano v. United States of America (INMATE 3)
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|Date Filed||#||Document Text|
|June 13, 2012
ORDERED as follows: (1) The 11 Recommendation of the Magistrate Judge is ADOPTED; (2) The 1 28 USC § 2255 motion is GRANTED to the extent Mr. Hernandez seeks to file an out-of-time appeal based on his meritorious claim that his counsel rende red ineffective assistance by failing to file a direct appeal when asked to do so; (3) In compliance with United States v. Phillips, 225 F.3d 1198, 1201 (11th Cir. 2000), the judgment imposed on 3/23/2011, and entered on 4/1/2011, in Criminal Case No . 1:09-CR-170-01-WKW is VACATED (Doc. # 29); (4) For the purpose of allowing Mr. Hernandez to pursue his appeal, simultaneous with the entry of this Order, a new judgment will be reentered in the criminal case (1:09-CR-170-01-WKW), as further set out ; (5) Mr. Hernandez is advised that he must file any notice of appeal from this reentered judgment within the 14-day period provided by FRAP 4(b)(1)(A)(i); (6) Mr. Hernandez is advised that he has the right to appeal from the reentered judgment in th e criminal case; (7) Mr. Hernandez has filed a motion for appointed counsel to assist him in filing his appeal (Doc. # 12 ), and that motion is GRANTED. James M. Smith of Edwards, Belser & Smith, Decatur, Alabama, is appointed to represent Mr. Herna ndez in his criminal case, 1:09-CR-170-01-WKW; (8) Mr. Hernandez's remaining claim for relief in his § 2255 motion is DISMISSED without prejudice; further ORDERED that the Clerk file copies of this Order, the final judgment, and the Magistrate Judge's 11 Recommendation in United States of America v. Luis Ernesto Hernandez-Arellano, Criminal Action No. 1:09-CR-170-01-WKW (M.D. Ala.). Signed by Chief Judge William Keith Watkins on 6/13/2012. (wcl, )
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