Diaz-Medina v. USA
| Carlos Diaz-Medina |
| USA |
| 3:2023cv01353 |
| July 5, 2023 |
| US District Court for the District of Puerto Rico |
| Francisco A Besosa |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentenc |
| None |
Docket Report
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This docket was last retrieved on August 23, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 9 JUDGMENT dismissing case with prejudice. Signed by Senior Judge Francisco A. Besosa on 8/23/2023.(ab) |
Filing 8
ORDER re #3 Motion to Vacate, Set Aside or Correct Sentence (2255) (Criminal Number 19-cr-154-FAB): DENIED. In addition to pleading guilty to attempted Hobbs Act Robbery, Defendant Diaz-Medina pled guilty to a carjacking offense (count 5), which is a crime of violence. One crime of violence suffices to satisfy his 924(c) conviction for brandishing a firearm in connection with a crime of violence. United States v. Rivera-Rivera, No. 19-2052 (1st Cir. Aug 22, 2022). A certificate of Appealability will not issue because Mr. Diaz-Medina has not made a substantial showing of the denial of a constitutional right. Judgment shall be entered accordingly. Signed by Senior Judge Francisco A. Besosa on 8/23/2023. (ab)
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| Filing 7 MOTION to dismiss as to Carlos Diaz-Medina filed by Mariana E. Bauza on behalf of USA Responses due by 9/5/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Bauza, Mariana) |
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Filing 6
ORDER re #5 Motion for Extension of Time to File Response/Reply as to #3 Motion to Vacate, Set Aside or Correct Sentence (2255): GRANTED. Response to motion deadline is extended until September 11, 2023. Signed by Senior Judge Francisco A. Besosa on 08/09/2023. (brc)
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| Filing 5 MOTION for Extension of Time until 9/11/2023 to File Response/Reply as to #3 MOTION to Vacate, Set Aside or Correct Sentence (2255) (Criminal Number 19-cr-154-FAB) filed by Carlos Diaz-Medina filed by Mariana E. Bauza on behalf of USA Responses due by 8/23/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #3 ) (Bauza, Mariana) |
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Filing 4
ORDER re #3 Motion to Vacate, Set Aside or Correct Sentence (2255). The government will respond to this motion no later than August 10, 2023. Signed by Senior Judge Francisco A. Besosa on 07/31/2023. (brc)
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| Filing 3 MOTION to Vacate, Set Aside or Correct Sentence (2255) (Criminal Number 19-cr-154-FAB) filed by Carlos Diaz-Medina, Pro Se. Responses due by 8/14/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 cover letter, #2 Envelope)(ab) Modified on 7/31/2023 to correct filing date (ab). |
| Filing 2 NOTICE TO PRO SE LITIGANT: The Clerk's Office has received your MOTION to Vacate under 28 U.S.C. 2255. A new case has been opened and assigned to Senior Judge Francisco A. Besosa. Any further documents or correspondence you send to the Clerk's Office concerning your case must include the case number 23-cv-1353-FAB. All documents for filing must also contain an original signature. Submitted documents are electronically scanned for filing and they become official court record. The quality of the official court record is determined by the quality of the original documents received for filing. Writing should only be on one side of the paper and dark enough for scanning. The Court enforces its rules and expects compliance with all directives; failure to comply with a court rule, federal law, or court directive may result in dismissal. The plaintiff must also keep the Court informed of any address changes. If the Court is not kept informed and multiple items are returned undelivered, the case may be dismissed without prejudice for failure to prosecute. (Copy of this notice, to Pro Se by mail.) (ab) |
| Filing 1 Memorandum of Law in Support of #3 MOTION to Vacate, Set Aside or Correct Sentence (2255) (Criminal Number 19-cr-154-FAB) filed by Carlos Diaz-Medina, Pro Se. Responses due by 7/19/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Envelope)(ab) (Additional attachment(s) added on 7/6/2023: #2 PSLC Transmittal Memo) (ab). Modified on 7/31/2023 to edit title(ab). |
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| Petitioner: Carlos Diaz-Medina | |
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| Respondent: USA | |
| Represented By: | Mariana E. Bauza |
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