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U.S. v. RIVERA-AVALOS, 2:09-CR-262 JCM (GWF). (2014)

Court: District Court, D. Nevada Number: infdco20140717b43 Visitors: 13
Filed: Jul. 16, 2014
Latest Update: Jul. 16, 2014
Summary: ORDER JAMES C. MAHAN, District Judge. Presently before the court is the matter of United States v. Rivera-Avalos, et al., case no. 2:09-cr-262-JCM-GWF. Defendant Adrian Fuentes-Garcia filed a motion to vacate under 28 U.S.C. 2255, which this court denied as untimely. (Doc. # 265). The Ninth Circuit reversed and remanded with instructions to hold an evidentiary hearing. ( See memorandum opinion, doc. # 326). Accordingly, an evidentiary hearing is set for Tuesday, September 16, 2014 at 1
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ORDER

JAMES C. MAHAN, District Judge.

Presently before the court is the matter of United States v. Rivera-Avalos, et al., case no. 2:09-cr-262-JCM-GWF.

Defendant Adrian Fuentes-Garcia filed a motion to vacate under 28 U.S.C. § 2255, which this court denied as untimely. (Doc. # 265). The Ninth Circuit reversed and remanded with instructions to hold an evidentiary hearing. (See memorandum opinion, doc. # 326).

Accordingly, an evidentiary hearing is set for Tuesday, September 16, 2014 at 10:00 a.m. in courtroom 6A. The parties are instructed to file any information they wish the court to consider at the hearing no later than September 9, 2014. The government is ordered to file the appropriate writ in a timely manner to ensure the petitioner's presence at the hearing.

IT IS SO ORDERED.

Source:  Leagle

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