Lopez-Ortiz v. USA

Lopez-Ortiz v. USA

Petitioner:	Oswald Lopez-Ortiz
Respondent:	USA
Case Number:	3:2012cv01320
Filed:	May 4, 2012
Court:	US District Court for the District of Puerto Rico
Office:	San Juan Office
County:	Ponce
Presiding Judge:	Daniel R. Dominguez
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
September 30, 2015	Filing 20 ORDER denying 1 Motion to Vacate. For the abovementioned reasons, the Court hereby DENIES Petitioner's motion to vacate, set aside, or correct the sentence that has been imposed upon his person. The Court rules that the second Strickland fa ctor is not met as Petitioner has experienced no prejudice as a result of his attorney's alleged ineffective assistance. Petitioner pled guilty to aiding and abetting the carrying of firearms during and in relation to a drug trafficking offense , which is one of the three ways to transgress § 924(c)(1)(A). Therefore, even if he did not aid and abet in the "use" of the firearm, Petitioner is not shielded from § 924(c)(1)(A) liability. Signed by Judge Daniel R. Dominguez on 9/30/2015. (MF)

Date Filed

Document Text

September 30, 2015

Filing 20 ORDER denying 1 Motion to Vacate. For the abovementioned reasons, the Court hereby DENIES Petitioner's motion to vacate, set aside, or correct the sentence that has been imposed upon his person. The Court rules that the second Strickland fa ctor is not met as Petitioner has experienced no prejudice as a result of his attorney's alleged ineffective assistance. Petitioner pled guilty to aiding and abetting the carrying of firearms during and in relation to a drug trafficking offense , which is one of the three ways to transgress § 924(c)(1)(A). Therefore, even if he did not aid and abet in the "use" of the firearm, Petitioner is not shielded from § 924(c)(1)(A) liability. Signed by Judge Daniel R. Dominguez on 9/30/2015. (MF)

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Respondent: USA
Represented By:	Nelson J. Perez-Sosa
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Petitioner: Oswald Lopez-Ortiz
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