Cruz-Rodriguez v. USA

Cruz-Rodriguez v. USA

Petitioner:	Carlos D. Cruz-Rodriguez
Respondent:	USA
Case Number:	3:2010cv01455
Filed:	May 25, 2010
Court:	US District Court for the District of Puerto Rico
Office:	San Juan Office
County:	San Juan
Presiding Judge:	Jose A Fuste
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
May 9, 2011	Filing 18 OPINION AND ORDER GRANTING IN PART 3 MOTION to Vacate, Set Aside or Correct Sentence (2255) (Criminal Number 03-081), filed by Carlos D. Cruz-Rodriguez. As to his claim of ineffective assistance of counsel due to trial counsel's failure to ade quately advise him as to the plea bargain, the parties shall appear for an EVIDENTIARY HEARING on June 13, 2011, at 1:30 P.M. The Defendant shall be brought to this jurisdiction at least ten (10) days before the scheduled hearing and appear in court to testify if necessary. His counsel of record in Crim. No. 03-81, Edgar R. Vega-Pabon, Esq., shall also testify at the hearing. In addition, the court APPOINTS Mariela Maestre, Esq., to represent the Petitioner at the above proceedings. We withhold judgment as to whether Petitioner is entitled to a certificate of appealability until we enter final judgment as to all claims. Evidentiary Hearing set for 6/13/2011 01:30 PM in Courtroom 7 before Judge Jose A Fuste. Signed by Judge Jose A Fuste on 5/9/2011.(mrj)

Date Filed

Document Text

May 9, 2011

Filing 18 OPINION AND ORDER GRANTING IN PART 3 MOTION to Vacate, Set Aside or Correct Sentence (2255) (Criminal Number 03-081), filed by Carlos D. Cruz-Rodriguez. As to his claim of ineffective assistance of counsel due to trial counsel's failure to ade quately advise him as to the plea bargain, the parties shall appear for an EVIDENTIARY HEARING on June 13, 2011, at 1:30 P.M. The Defendant shall be brought to this jurisdiction at least ten (10) days before the scheduled hearing and appear in court to testify if necessary. His counsel of record in Crim. No. 03-81, Edgar R. Vega-Pabon, Esq., shall also testify at the hearing. In addition, the court APPOINTS Mariela Maestre, Esq., to represent the Petitioner at the above proceedings. We withhold judgment as to whether Petitioner is entitled to a certificate of appealability until we enter final judgment as to all claims. Evidentiary Hearing set for 6/13/2011 01:30 PM in Courtroom 7 before Judge Jose A Fuste. Signed by Judge Jose A Fuste on 5/9/2011.(mrj)

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Respondent: USA
Represented By:	Nelson J. Perez-Sosa
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Petitioner: Carlos D. Cruz-Rodriguez
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