U.S. v. Hernandez-Gomez, 4:16-cr-00044-BLW-2 (2019)
Court: District Court, D. Idaho
Number: infdco20190401b20
Visitors: 17
Filed: Mar. 27, 2019
Latest Update: Mar. 27, 2019
Summary: MEMORANDUM DECISION AND ORDER B. LYNN WINMILL , District Judge . BACKGROUND This Court previously ordered the Government to provide notice of whether it intended to continue opposing Mr. Hernandez-Gomez's motion under 28 U.S.C. 2255. Dkt. 13. In response, the Government provided notice that it does. Dkt. 14. In the same filing, the Government requested a stay pending the issuance of a decision from the United States Supreme Court in Garza v. Idaho, 405 P.3d 576 (Idaho 2017), cert. g
Summary: MEMORANDUM DECISION AND ORDER B. LYNN WINMILL , District Judge . BACKGROUND This Court previously ordered the Government to provide notice of whether it intended to continue opposing Mr. Hernandez-Gomez's motion under 28 U.S.C. 2255. Dkt. 13. In response, the Government provided notice that it does. Dkt. 14. In the same filing, the Government requested a stay pending the issuance of a decision from the United States Supreme Court in Garza v. Idaho, 405 P.3d 576 (Idaho 2017), cert. gr..
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MEMORANDUM DECISION AND ORDER
B. LYNN WINMILL, District Judge.
BACKGROUND
This Court previously ordered the Government to provide notice of whether it intended to continue opposing Mr. Hernandez-Gomez's motion under 28 U.S.C. § 2255. Dkt. 13. In response, the Government provided notice that it does. Dkt. 14. In the same filing, the Government requested a stay pending the issuance of a decision from the United States Supreme Court in Garza v. Idaho, 405 P.3d 576 (Idaho 2017), cert. granted 138 S.Ct. 2649 (U.S. June 18, 2018), 17-1206. For the reasons set forth below, the Government's motion (Dkt. 14) is DENIED AS MOOT.
Analysis
After the Government filed its Motion seeking a stay, the Supreme Court issued its decision in Garza v. Idaho, No. 17-1026, 2019 WL 938523, at *1 (U.S. Feb. 27, 2019). In its decision, the Supreme Court reversed the Idaho Supreme Court and held that "where an attorney perform[s] deficiently in failing to file a notice of appeal despite the defendant's express instructions, prejudice is presumed with no further showing from the defendant of the merits of his underlying claims." Id. at 8 (internal quotations omitted). After the Supreme Court issued its decision, the Government acknowledged that its request for a stay was moot and that an evidentiary hearing was needed. Dkt. 15. Accordingly, this Court must hold an evidentiary hearing to determine if Mr. Hernandez-Gomez instructed Mr. Randall to file an appeal.
ORDER
IT IS ORDERED:
1. The Government's Motion for a Stay Pending the Supreme Court's Resolution of Garza v. Idaho (Dkt. 14) is DENIED AS MOOT.
2. The Government is ORDERED to coordinate with the United States Marshall's Service and the United States Bureau of Prisons to arrange for Mr. Hernandez-Gomez's transport to Pocatello, Idaho.
3. The Clerk of the Court is ORDERED to appoint counsel for Mr. Hernandez-Gomez under the Criminal Justice Act.
4. An evidentiary hearing will be held in this matter on July 17, 2019 at 11:00 AM in the United States Courthouse in Pocatello, Idaho.
Source: Leagle
