Conviva Inc. v. Kagan et al

Filing 15

****E-FILED IN ERROR - PLEASE DISREGARD**** ORDER Re: 2255 Motion. Government Response due 9/10/2012. Signed by Judge D. Lowell Jensen on 8/9/12. (jg, COURT STAFF) (Filed on 8/10/2012) Modified on 8/10/2012 (jg, COURT STAFF).

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1 2 3 4 5 6 7 8 Jaime Aguirre-Olivas, ) ) Petitioner, ) ) v. ) ) ) ) ) UNITED STATES OF AMERICA, ) ) Respondent. ) ______________________________) *E-FILED - 8/10/12* Case Nos. C-12-03908-DLJ CR-10-00319-DLJ ORDER 9 11 For the Northern District of California United States District Court 10 On June 28, 2011 Defendant Jaime Aguirre-Olivas (AguirreOlivas) was sentenced to 42 months in prison for a violation of 8 12 13 U.S.C. § 1326, Illegal Re-entry. On July 16, 2012, Aguirre-Olivas 14 filed a Motion under 28 U.S.C. § 2255 to Vacate, Set Aside or 15 Correct his sentence. 16 The Motion claim ineffective assistance of counsel alleging 17 that at the sentencing counsel for defendant failed to correctly 18 address defendant’s prior convictions. 19 Aguirre-Olivas also contends that counsel was ineffective in that he claims counsel 20 21 22 23 caused him to waive his right to appeal. The Court hereby Orders that the government respond to this Motion on or before September 10, 2012. 24 25 IT IS SO ORDERED 26 27 Dated: August9, 2012 _________________________ 28 D. Lowell Jensen United States District Judge 1 2 Copy of Order Mailed on 8/10/12 to: 3 4 5 6 Jaime Aguirre-Olivas #20912-298 FCI Victorville 1 PO Box 3725 Adelanto, CA 92301 7 8 9 Pro Se Party E-Filed to Government Counsel 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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