Hernandez-Arellano v. United States of America (INMATE 3)
Luis Ernesto Hernandez-Arellano |
United States of America |
1:2012cv00284 |
March 29, 2012 |
US District Court for the Middle District of Alabama |
Dothan Office |
Bibb |
Terry F. Moorer |
William Keith Watkins |
Motions to Vacate Sentence |
28 U.S.C. ยง 2255 |
None |
Available Case Documents
The following documents for this case are available for you to view or download:
Document Text |
---|
Filing 13 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, ) |
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Alabama Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Search for this case: Hernandez-Arellano v. United States of America (INMATE 3) | |
---|---|
Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
Defendant: United States of America | |
Represented By: | A. Clark Morris |
Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Plaintiff: Luis Ernesto Hernandez-Arellano | |
Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.