Rodriguez-Isaac v. USA
| Emanuel Rodriguez-Isaac |
| USA |
| 3:2019cv01968 |
| October 11, 2019 |
| US District Court for the District of Puerto Rico |
| Carmen C Cerezo |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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Filing 5
MOTION requesting Order filed by Emanuel Rodriguez-Isaac, pro se. Responses due by 12/16/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Envelope)(idg)
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Filing 4
ORDER: USA shall respond by 12/20/2019 to Petitioner's #2 Second/Successive Motion to Vacate, Set Aside or Correct Sentence, filed pro se. Signed by Judge Carmen C. Cerezo on 11/20/2019. (mld)
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Filing 3
MOTION to Appoint Counsel filed by Emanuel Rodriguez-Isaac, pro se. Responses due by 11/8/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Envelope)(idg)
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Filing 2
MOTION to Vacate, Set Aside or Correct Sentence (2255) pursuant to 18 U.S.C. 924(c) convictions based on Johnson v. United States, 135 S. Ct. 2551 (2015) (Johnson II), and related precedent, filed nunc pro tunc as of May 31, 2016 (Criminal Number 12-036-CCC-6) filed by Emanuel Rodriguez-Isaac, pro se. Responses due by 10/24/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Supplement 2255-Petition-USCA #19-1805, #2 Envelopes)(xi)
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Filing 1
COPY OF USCA JUDGMENT as to Emanuel Rodriguez-Isaac (6) entered on 10/09/19; Petitioner seeks leave to file a second or successive 28 U.S.C. 2255 motion featuring a challenge to one or more 18 U.S.C. 924(c) convictions based on Johnson v. United States, 135 S. Ct. 2551 (2015) (Johnson II), and related precedent. The government has filed a response indicating its non-opposition to the grant of second-or-successive relief. Petitioner's application is GRANTED, and he is hereby authorized to pursue in the district court a challenge to his 924(c) conviction(s) based on Johnson II and related precedent. The court expresses no opinion as to the merits of petitioner's claim or as to any other relevant legal issue. The clerk of court will transfer petitioner's application(s) and any amended or supplemental application(s) filed in this court to the district court for filing as a 2255 motion. The motion shall be deemed filed in the district court on the date petitioner's original second or successive application was filed in this court. Petitioner has two second-or-successive proceedings pending in this court, each presenting the same challenge based on Johnson II and related precedent. Petitioner is hereby authorized to pursue a single 2255 motion in the district court. The district court should accord petitioner's 2255 motion the filing date of his earlier application in appeal 16-1685. (xi)
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| Respondent: USA | |
| Represented By: | Mariana E. Bauza |
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| Petitioner: Emanuel Rodriguez-Isaac | |
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