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United Stated v. Bolanos-Nunez

United States District Court, Ninth Circuit

August 20, 2013

United States of America, Plaintiff,
v.
Oscar Bolanos-Nunez, Defendant/Movant.

ORDER

G. MURRAY SNOW, District Judge.

Movant Oscar Bolanos-Nunez, who is confined in the Federal Correctional Institution Mendota in Mendota, California, has filed a pro se Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody. The Court will call for an answer to the § 2255 Motion.

I. Procedural History

Movant pled guilty, without a plea agreement, to Re-Entry of Removed Alien, in violation of 8 U.S.C. § 1326(a) with a sentencing enhancement pursuant to 8 U.S.C. § 1326(b)(1). On July 9, 2012, the Court sentenced Movant to a 46-month term of imprisonment followed by 3 years on supervised release.

II. Section 2255 Motion

In the § 2255 Motion, Movant raises two grounds for relief:

(1) Movant received ineffective assistance of counsel when his attorney advised him to reject the fast-track plea offer; and

(2) Movant received ineffective assistance of counsel when his attorney failed to file an appeal after Movant requested he do so.

The Court will require a response to the § 2255 Motion.

III. Warnings

A. Address Changes

Movant must file and serve a notice of a change of address in accordance with Rule 83.3(d) of the Local Rules of Civil Procedure. Movant must not include a motion for other relief with a notice of change of address. Failure to comply may result in dismissal of this action.

B. Copies

Movant must serve Respondent, or counsel if an appearance has been entered, a copy of every document that Movant files. Fed.R.Civ.P. 5(a). Each filing must include a certificate stating that a copy of the filing was served. Fed.R.Civ.P. 5(d). Also, Movant must submit an additional copy of every filing for use by the Court. LRCiv 5.4. ...


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