Filed: Sep. 20, 2019
Latest Update: Sep. 20, 2019
Summary: ORDER SETTING BRIEFING SCHEDULE (ECF NOS. 42, 43) LAWRENCE J. O'NEILL , Chief District Judge . On July 19, 2019, Javier Alonso Beltran ("Petitioner"), a federal prisoner proceeding pro se, filed a motion to vacate, set aside, or correct a sentence ("Motion") under Title 28, United States Code, Section 2255, challenging the constitutionality of his guilty plea in light of the Supreme Court's decision in United States v. Davis, 139 S.Ct. 2319 (2019). See ECF No. 42. On September 9, 201
Summary: ORDER SETTING BRIEFING SCHEDULE (ECF NOS. 42, 43) LAWRENCE J. O'NEILL , Chief District Judge . On July 19, 2019, Javier Alonso Beltran ("Petitioner"), a federal prisoner proceeding pro se, filed a motion to vacate, set aside, or correct a sentence ("Motion") under Title 28, United States Code, Section 2255, challenging the constitutionality of his guilty plea in light of the Supreme Court's decision in United States v. Davis, 139 S.Ct. 2319 (2019). See ECF No. 42. On September 9, 2019..
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ORDER SETTING BRIEFING SCHEDULE
(ECF NOS. 42, 43)
LAWRENCE J. O'NEILL, Chief District Judge.
On July 19, 2019, Javier Alonso Beltran ("Petitioner"), a federal prisoner proceeding pro se, filed a motion to vacate, set aside, or correct a sentence ("Motion") under Title 28, United States Code, Section 2255, challenging the constitutionality of his guilty plea in light of the Supreme Court's decision in United States v. Davis, 139 S.Ct. 2319 (2019). See ECF No. 42. On September 9, 2019, the Court received a second motion from petitioner, containing the same single allegation. ECF No. 43. Appended to the second motion was a handwritten certificate of service. ECF No. 43. Included with the first motion was a letter addressed to the Government. ECF No. 42. Because there is no substantive difference to resolve between the motions, the first motion is the operative motion in this case.
Upon preliminary review of the Motion, the Court believes its decision making would be aided by the filing of a response by the United States. Accordingly,
IT IS HEREBY ORDERED that the Government shall file a response to Petitioner's Motion by November 18, 2019; and
IT IS FURTHER ORDERED that Petitioner shall have 60 days to file his reply, from the date of the Government's filing.
IT IS SO ORDERED.
