U.S. v. Loyola-Cisneros, 12-cr-00585-SI-1. (2016)
Court: District Court, N.D. California
Number: infdco20160816673
Visitors: 9
Filed: Aug. 15, 2016
Latest Update: Aug. 15, 2016
Summary: ORDER APPOINTING COUNSEL SUSAN ILLSTON , District Judge . On November 21, 2014, this Court sentenced defendant to 60 months imprisonment based on his conviction for a violation of 21 U.S.C. 846 (conspiring to distribute methamphetamine). Defendant was represented by the Federal Public Defender's office during the criminal proceedings. On July 1, 2016, defendant filed a pro se motion to correct his sentence under 28 U.S.C. 2255. Defendant contends that he may be entitled to relief wit
Summary: ORDER APPOINTING COUNSEL SUSAN ILLSTON , District Judge . On November 21, 2014, this Court sentenced defendant to 60 months imprisonment based on his conviction for a violation of 21 U.S.C. 846 (conspiring to distribute methamphetamine). Defendant was represented by the Federal Public Defender's office during the criminal proceedings. On July 1, 2016, defendant filed a pro se motion to correct his sentence under 28 U.S.C. 2255. Defendant contends that he may be entitled to relief with..
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ORDER APPOINTING COUNSEL
SUSAN ILLSTON, District Judge.
On November 21, 2014, this Court sentenced defendant to 60 months imprisonment based on his conviction for a violation of 21 U.S.C. § 846 (conspiring to distribute methamphetamine). Defendant was represented by the Federal Public Defender's office during the criminal proceedings.
On July 1, 2016, defendant filed a pro se motion to correct his sentence under 28 U.S.C. § 2255. Defendant contends that he may be entitled to relief with regard to his sentence pursuant to a recent Supreme Court decision, Johnson v. United States, 135 S.Ct. 2251 (2015). The government has filed a motion to stay based upon the Supreme Court's grant of certiorari in Beckles v. United States, No. 15-8544.
18 U.S.C. § 3006A(g) authorizes a district court to appoint counsel to represent a habeas petitioner whenever "the court determines that the interests of justice so require and such person is financially unable to obtain representation." The Court finds sua sponte that appointment of counsel is warranted in this action. The Clerk shall send a copy of this order to the Federal Public Defender's Office in San Francisco.
Once counsel has been assigned to represent defendant, the Court shall set a briefing schedule on the motion to stay, and if necessary on the merits of the section 2255 motion.
IT IS SO ORDERED.
Source: Leagle
