Gamez v. USA

Gamez v. USA

Petitioner:	Jesus Gamez
Respondent:	USA
Case Number:	3:2013cv00980
Filed:	March 5, 2013
Court:	US District Court for the Northern District of Texas
Office:	Dallas Office
County:	Dallas
Presiding Judge:	Sidney A Fitzwater
Presiding Judge:	Renee Harris Toliver
Nature of Suit:	Prisoner: Vacate Sentence
Cause of Action:	28 U.S.C. § 2255 Motion to Vacate / Correct Illegal Sentence
Jury Demanded By:	None

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Date Filed	Document Text
May 30, 2013	Filing 8 ORDER: It is ordered that the 7 findings, conclusions, and recommendation of the magistrate judge are adopted. Accordingly, the court Grants in part the motion to vacate, set aside, or correct sentence, under 28 U.S.C. § 2255, as to the fi rst and second claims that petitioner's defense attorney rendered constitutionally ineffective assistance of counsel in failing to file a requested notice of appeal, orders that petitioner be permitted to file an out-of-time appeal in the unde rlying criminal action, and dismisses without prejudice the remaining § 2255 claims. It is further ordered that the United States District Clerk reenter the judgment in Criminal No. 3:11-CR-081-D(03), and file a notice of appeal on petitioner's behalf no later than 14 days after the reentry of the criminal judgment. (Ordered by Chief Judge Sidney A Fitzwater on 5/30/2013) (twd)

Date Filed

Document Text

May 30, 2013

Filing 8 ORDER: It is ordered that the 7 findings, conclusions, and recommendation of the magistrate judge are adopted. Accordingly, the court Grants in part the motion to vacate, set aside, or correct sentence, under 28 U.S.C. § 2255, as to the fi rst and second claims that petitioner's defense attorney rendered constitutionally ineffective assistance of counsel in failing to file a requested notice of appeal, orders that petitioner be permitted to file an out-of-time appeal in the unde rlying criminal action, and dismisses without prejudice the remaining § 2255 claims. It is further ordered that the United States District Clerk reenter the judgment in Criminal No. 3:11-CR-081-D(03), and file a notice of appeal on petitioner's behalf no later than 14 days after the reentry of the criminal judgment. (Ordered by Chief Judge Sidney A Fitzwater on 5/30/2013) (twd)

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Respondent: USA
Represented By:	Timothy Wayne Funnell
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Petitioner: Jesus Gamez
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