Vargas v. United States of America (INMATE 3)

Filing 17

ORDER: that the Federal Defender for the Middle District of Alabama is appointed to represent Vargas on the issues set for an evidentiary hearing; that pursuant to this appointment and limited purpose, counsel shall proceed to confer with Vargas and otherwise make an appropriate investigation concerning said issues; that a pretrial conference with counsel for Vargas and counsel forthe United States is scheduled for 9/1/2011 10:00 AM in Courtroom 5B before Honorable Judge Susan Russ Walker; that an Evidentiary Hearing is set for 9/7/2011 10:00 AM in Courtroom 5B before Honorable Judge Susan Russ Walker. Signed by Honorable Judge Susan Russ Walker on 6/8/2011. Copy sent to Federal Defender as directed.(cc, ) Modified on 6/8/2011 to reflect that a copy of this order was mailed to plaintiff (cc, ).

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
CARLOS VARGAS, JR.,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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Civil Action No. 2:09cv766-WKW
(WO)

ORDER
After careful review of the pleadings and record in this case, the court has determined
that, pursuant to Rule 8, Rules Governing Section 2255 Proceedings for the United States
District Court, an evidentiary hearing is required for resolution of the following issues
presented in petitioner Carlos Vargas, Jr.’s 28 U.S.C. § 2255 motion:
(1)

Vargas’s claim that his counsel rendered ineffective assistance
by failing to file a direct appeal on his behalf after he requested
that counsel do so; and

(2)

whether Vargas’s counsel rendered ineffective assistance by
failing to argue that Vargas should not have been sentenced as
a career offender.

The court finds that Vargas, who is currently incarcerated, is eligible for the
appointment of counsel under the Criminal Justice Act, 18 U.S.C. § 3006A. Accordingly,
it is

ORDERED as follows:
1.

The Federal Defender for the Middle District of Alabama is
hereby appointed to represent Vargas on the above-mentioned
issues set for an evidentiary hearing.

2.

Pursuant to this appointment and limited purpose, counsel shall
proceed to confer with Vargas and otherwise make an
appropriate investigation concerning these issues.

3.

A pretrial conference with counsel for Vargas and counsel for
the United States is scheduled for 10:00 a.m. on September 1,
2011, in courtroom 5-B, Frank M. Johnson, Jr. United States
Courthouse Complex, One Church Street, Montgomery,
Alabama.

4.

An evidentiary hearing is scheduled for 10:00 a.m. on
September 7, 2011, in courtroom 5-B, Frank M. Johnson, Jr.
United States Courthouse Complex, One Church Street,
Montgomery, Alabama.

5.

Vargas shall be brought to this district not less than a week in
advance of the scheduled evidentiary hearing in order to
facilitate communications with appointed counsel in preparation
for the hearing.

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6.

Counsel for Vargas and counsel for the United States shall
exchange, and file with the court, lists of witnesses and exhibits
not later than August 18, 2011.

All exhibits shall be

pre-marked using the same numbers indicated on the exhibit
lists, and each party shall deliver to the courtroom deputy prior
to commencement of the hearing the original, pre-marked
exhibits along with a copy of the exhibits for use by the court.
7.

The Clerk is DIRECTED to serve this order upon the Federal
Defender for the Middle District of Alabama and to make the
case file available as reasonably requested.

Done this 8th day of June, 2011.

/s/Susan Russ Walker
SUSAN RUSS WALKER
CHIEF UNITED STATES MAGISTRATE JUDGE

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