Forteza-Garcia v. USA

Forteza-Garcia v. USA

Petitioner:	Angel Forteza-Garcia
Respondent:	USA
Case Number:	3:2020cv01154
Filed:	March 16, 2020
Court:	US District Court for the District of Puerto Rico
Presiding Judge:	Raul M Arias-Marxuach
Nature of Suit:	Prisoner: Vacate Sentence
Cause of Action:	28 U.S.C. § 2255
Jury Demanded By:	None

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Docket Report

This docket was last retrieved on March 16, 2020. A more recent docket listing may be available from PACER.

Date Filed	Document Text
March 16, 2020	Filing 2 MOTION to Vacate, Set Aside or Correct Sentence (2255) pursuant to 18 U.S.C. 924(c)/(j) convictions based on Johnson v. United States, 135 S. Ct. 2551 (2015) (Johnson II), and related precedent, (Criminal Number 03-073-RAM-2) filed filed nunc pro tunc as of 06/21/16 by Angel Forteza-Garcia, pro se. Responses due by 3/30/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Memorandum of Law, #2 Envelope, #3 Exhibit Government's Response, #4 Supplement Reply to Gov't. Response, #5 Exhibit USCA docket sheet & case opening) (xi)
March 16, 2020	Filing 1 COPY OF JUDGMENT of USCA as to Angel Forteza-Garcia (2) entered on 03/13/2020; 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)/(j) convictions based on Johnson v. United States, 135 S. Ct. 2551 (2015) (Johnson II), and related precedent. See also United States v. Davis, 139 S. Ct. 2319 (2019) (deeming unconstitutionally vague the 924(c)(3)(B) "residual" clause). The government has filed an answer objecting to the grant of second or successive relief. We conclude only that petitioner has made "a sufficient showing of possible merit to warrant a fuller exploration by the district court." Evans-Garcia v. United States, 744 F.3d 235, 237 (1st Cir. 2014). Petitioner's application is GRANTED, and he is hereby authorized to pursue in the district court a challenge to his 924(c)/(j) conviction(s) based on Davis, 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. (xi)

Date Filed

Document Text

March 16, 2020

Filing 2 MOTION to Vacate, Set Aside or Correct Sentence (2255) pursuant to 18 U.S.C. 924(c)/(j) convictions based on Johnson v. United States, 135 S. Ct. 2551 (2015) (Johnson II), and related precedent, (Criminal Number 03-073-RAM-2) filed filed nunc pro tunc as of 06/21/16 by Angel Forteza-Garcia, pro se. Responses due by 3/30/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Memorandum of Law, #2 Envelope, #3 Exhibit Government's Response, #4 Supplement Reply to Gov't. Response, #5 Exhibit USCA docket sheet & case opening) (xi)

March 16, 2020

Filing 1 COPY OF JUDGMENT of USCA as to Angel Forteza-Garcia (2) entered on 03/13/2020; 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)/(j) convictions based on Johnson v. United States, 135 S. Ct. 2551 (2015) (Johnson II), and related precedent. See also United States v. Davis, 139 S. Ct. 2319 (2019) (deeming unconstitutionally vague the 924(c)(3)(B) "residual" clause). The government has filed an answer objecting to the grant of second or successive relief. We conclude only that petitioner has made "a sufficient showing of possible merit to warrant a fuller exploration by the district court." Evans-Garcia v. United States, 744 F.3d 235, 237 (1st Cir. 2014). Petitioner's application is GRANTED, and he is hereby authorized to pursue in the district court a challenge to his 924(c)/(j) conviction(s) based on Davis, 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. (xi)

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Respondent: USA
Represented By:	Mariana E. Bauza
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Petitioner: Angel Forteza-Garcia
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