Benitez-Serrano v. USA
| Luis Serrano-Benitez and Luis A. Benitez-Serrano |
| USA |
| 3:2020cv01215 |
| May 6, 2020 |
| US District Court for the District of Puerto Rico |
| Pedro A Delgado-Hernandez |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
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Filing 3
ORDER re: #2 "Motion to Vacate, Set Aside, or Correct Indictment for section 924(c)(1)(A)(i) under the "Substantive" Rule in United States v. Davis, S. Ct. 2319 (2019)." The government shall respond not later than June 7, 2020. Signed by Judge Pedro A. Delgado-Hernandez on 5/7/2020. (MPL)
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| Filing 2 MOTION to Vacate, Set Aside or Correct Sentence (2255) (Criminal Number 07-453-PAD-16) file nunc pro tunc as of 04/10/2020 filed by Luis A. Benitez-Serrano, pro se. Responses due by 5/20/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Memorandum, #2 Envelope) (xi) Modified on 5/7/2020 to correct name (xi). |
| Filing 1 COPY OF JUDGMENT of USCA as to Luis A. Benitez-Serrano (16) entered on 05/05/2020; Petitioner Luis A. Benitez-Serrano seeks leave to file a second or successive 28 U.S.C. 2255 motion based on United States v. Davis, 139 S. Ct. 2319 (2019), and related precedent. It appearing that petitioner never pursued a first 2255 motion in the district court, leave from this court is unnecessary. Pursuant to Federal Rule of Appellate Procedure 22(a), petitioner's application is TRANSFERRED to the district court for docketing as a first 2255 motion. The motion shall be deemed filed in the district court on the date petitioner's second or successive application was filed in this court. The court expresses no opinion as to the viability or merits of the claim(s) set out in petitioner's application. (xi) Modified on 5/7/2020 to correct name (xi). |
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