Cortez-Villanueva v. USA, No. 1:2007cv00156 - Document 2 (D. Utah 2007)
Court Description: MEMORANDUM DECISION dismissing 1 MOTION to Vacate, Set Aside or Correct Sentence (2255). Signed by Judge Dale A. Kimball on 11/16/2007. (asp)
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Cortez-Villanueva v. USA Doc. 2 Case 1:07-cv-00156-DAK Document 2 Filed 11/19/2007 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH NORTHERN DIVISION ISAIAS CORTEZ-VILLANUEVA, Petitioner, MEMORANDUM DECISION AND ORDER vs. UNITED STATES OF AMERICA, Case No. 1:07CV156 DAK Respondent. This matter is before the court on Petitioner Isaias Cortez-Villanueva s Motion pursuant to 28 U.S.C. § 2255 to vacate and correct his sentence. On September 23, 2005, Petitioner pled guilty to Reentry of a Previously Removed Alien, a violation of 8 U.S.C. § 1326. On January 3, 2006, Petitioner was sentenced to 57 months imprisonment, followed by 24 months of supervised release. On January 12, 2006, Petitioner filed a Notice of Appeal, and his appeal is still pending at the Tenth Circuit. This court will not consider his 2255 Petition because [a]bsent extraordinary circumstances, the orderly administration of criminal justice precludes a district court from considering a § 2255 motion while review of the direct appeal is still pending. United States v. Cook, 997 F.2d 1312, 1319 (10th Cir.1993). Accordingly, this Petition is DISMISSED without prejudice to renew, if appropriate, within one year after the conclusion of his direct appeal. This case is now closed. Dockets.Justia.com Case 1:07-cv-00156-DAK Document 2 Filed 11/19/2007 DATED this 16th day of November, 2007. BY THE COURT: DALE A. KIMBALL United States District Judge 2 Page 2 of 2
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