De-La-Rosa v. USA
Petitioner: Julio Cesar De-La-Rosa
Respondent: USA
Case Number: 3:2009cv01217
Filed: March 4, 2009
Court: U.S. District Court for the District of Puerto Rico
Office: Prisoner: Vacate Sentence Office
County: Adjuntas
Presiding Judge: Jose A Fuste
Nature of Suit: None
Cause of Action: U.S. Government Defendant
Jury Demanded By: 28:2255 Motion to Vacate / Correct Illegal Sentenc

Available Case Documents

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Date Filed Document Text
March 1, 2011 Opinion or Order Filing 24 OPINION AND ORDER: DENIED 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) (Criminal Number 05-309) filed by Julio Cesar De-La-Rosa; NOTED 20 Motion In Compliance filed by Julio Cesar De-La-Rosa; NOTED 21 MOTION to Clarify filed by Juli o Cesar De-La-Rosa; DENIED 23 MOTION requesting Order filed by Julio Cesar De-La-Rosa; NOTED 22 INFORMATIVE Motion regarding Federal Rule of Appellate Procedure filed by Julio Cesar De-La-Rosa; DENIED 13 Motion for an Evidentiary Hearing, filed by Julio Cesar De-La-Rosa. Signed by Chief Judge Jose A Fuste on 3/1/2011.(mrj)
July 12, 2010 Opinion or Order Filing 19 OPINION AND ORDER GRANTING IN PART 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) (Criminal Number 05-309), filed by Julio Cesar De-La-Rosa. We summarily DISMISS the claims enumerated as one through seven in Part III of this Opinion and O rder and also the claim of ineffective assistance of counsel arising from failure to give a limiting instruction. Pursuant to Rule 4(b) of the Rules Governing § 2255 Proceedings, summary dismissal is in order because it plainly appears from the record that Petitioner is not entitled to § 2255 relief in this court. We reserve judgment on Petitioner's claim of a Confrontation Clause violation stemming from the failure to issue a limiting instruction. On this ground, we ORDER Peti tioner to show cause on or before August 16, 2010, as to why this claim should not be dismissed as procedurally defaulted. Pending resolution of this final claim, we reserve judgment on Petitioner's motion for an evidentiary hearing and appointment of counsel. Notice of Compliance Deadline due by 8/16/2010. Signed by Chief Judge Jose A Fuste on 7/12/2010.(mrj)
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Respondent: USA
Represented By: Nelson J. Perez-Sosa
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Petitioner: Julio Cesar De-La-Rosa
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