Chavez-Araujo v. United States of America
| Maciel Francisco Chavez-Araujo |
| United States of America |
| 4:2019cv00215 |
| April 15, 2019 |
| US District Court for the District of Arizona |
| Pro Se (Tucson) |
| Rosemary Marquez |
| Prisoner: Vacate Sentence - Habeas Corpus |
| 28 U.S.C. ยง 1651 |
| None |
Docket Report
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Filing 6
AMENDED ORDER the May 10, 2019 Order filed in case number CV-19-00215-TUC-RM is withdrawn and replaced with the following. The Petition for Writ of Error Coram Nobis (Doc. #1 in CV-19-00215-TUC-RM and Doc. 32 in CR-12-00113-TUC-RM) is granted. The Clerk of Court is directed to file a copy of this Order in both CV-19-00215-TUC-RM and CR-12-00113-TUC-RM. The Clerk of Court is further directed to close the civil case, CV-19-00215-TUC-RM. Due to the factual inaccuracy in the plea agreement in the underlying criminal case CR 12-00113-RM, the guilty plea entered by Petitioner Maciel Francisco Chavez-Araujo in that case is withdrawn. Signed by Judge Rosemary Marquez on 5/23/2019. (See attached Order for details) (KEP)
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Filing 5
(WITHDRAWN PER DOC #6 ) ORDER the Petition for Writ of Error Coram Nobis (Doc. #1 in CV 19-00215-RM and Doc. 32 in CR 12-00113-RM) is granted. Due to the factual inaccuracy in the plea agreement in the underlying criminal case CR 12-00113-RM, the guilty plea entered by Petitioner Maciel Francisco Chavez-Araujo in that case is withdrawn, and the underlying criminal judgment (Doc. 25 in CR 12-00113-RM) is vacated. IT IS FURTHER ORDERED that the parties shall contact the undersigned's chambers at (520) 205-4620 in order to schedule a status conference in CR-12-00113-RM. Signed by Judge Rosemary Marquez on 5/10/2019. (KEP) Modified on 5/24/2019 (KEP).
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| Filing 4 *ANSWER (Response) to #1 Defendant's Petition for Writ of Error Coram Nobis by Respondent United States of America. (Figueroa, Jesse) *Modified to correct event on 5/9/2019 (KEP). |
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Filing 3
ORDER the Clerk of Court must serve a copy of the Petition (Doc. #1 ) and this Order on the United States Attorney for the District of Arizona via. Pursuant to the Memorandum of Understanding between the United States District Clerk of Court for the District of Arizona and the United States Attorney's Office for the District of Arizona, copies of the Petition and this Order will be sent via Notice of Electronic Filing (NEF) to the Respondent through designated electronic mail addresses. The United States Attorney for the District of Arizona or his designee has 20 days from the date of service within which to answer the Petition. Signed by Judge Rosemary Marquez on 5/3/2019. (Attachments: #1 Petition / Exhibit, #2 Exhibit E-G, #3 Exhibit H, #4 Exhibit I-L) (See attached Order for details)(KEP)
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| Filing 2 NOTICE OF ASSIGNMENT (MFR) |
| Filing 1 PETITION for Writ of Error Coram Nobis re: Criminal Case No CR-12-0113-TUC-VMM filed by Maciel Francisco Chavez-Araujo. (Green, Matthew) (Attachments: #1 Text of Proposed Order, #2 Exhibit Index, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L)(MFR) |
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| Respondent: United States of America | |
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| Petitioner: Maciel Francisco Chavez-Araujo | |
| Represented By: | Matthew Harrison Green |
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