Villega-Angulo v. USA
| Victor Manuel Villega-Angulo |
| USA |
| 3:2019cv01991 |
| October 18, 2019 |
| US District Court for the District of Puerto Rico |
| Daniel R Dominguez |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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This docket was last retrieved on November 22, 2019. A more recent docket listing may be available from PACER.
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Filing 5
ORDER granting #4 Motion for Extension of Time to File Response/Reply. Responses due by December 26,2 019. Signed by Judge Daniel R. Dominguez on 11/22/2019. (MES)
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| Filing 4 MOTION for Extension of Time until December 21, 2019 to File Response/Reply as to #2 MOTION to Vacate, Set Aside or Correct Sentence (2255) (Criminal Number 99-295-DRD-2) filed by Victor Manuel Villega-Angulo filed by Mariana E. Bauza on behalf of USA Responses due by 12/5/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #2 ) (Bauza, Mariana) |
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Filing 3
ORDER: Government is ordered to respond to Petitioner's motion at Docket No. 2 no later than November 21, 2019. Signed by Judge Daniel R. Dominguez on 10/21/2019.(MES)
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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 08/22/16 (Criminal Number 99-295-DRD-2) filed by Victor Manuel Villega-Angulo, pro se. Responses due by 11/1/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit USCA #16-2084 docket sheet, #2 Envelope, #3 Supplement 2255-Petition-USCA #18-1606, #4 Exhibit USCA #18-1606 docket sheet)(xi) |
| Filing 1 COPY OF JUDGMENT of USCA as to Victor Manuel Villega-Angulo (2) entered on 10/17/19; 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 insofar as the Johnson II challenge is concerned. 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. To the extent he is still pursuing them, authorization is denied as to the other claims included in petitioner's original second or successive application, as petitioner has failed to make the required prima facie showing as to those claims. 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 should accord petitioner's 2255 motion the filing date of his earlier application in appeal 16-2084. (xi) |
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| Respondent: USA | |
| Represented By: | Mariana E. Bauza |
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| Petitioner: Victor Manuel Villega-Angulo | |
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