Motion Picture Association of America v. CrystalTech Web Hosting Inc.

Filing 1652

Motion Picture Association of America v. CrystalTech Web Hosting Inc.

Doc. 1652

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SVK

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

United States of America, Plaintiff, v. Julio Cesar Vasquez-Lopez, Defendant/Movant.

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No. CR 06-0999-PHX-JAT No. CV 07-1539-PHX-JAT (JRI) ORDER

Movant Julio Cesar Vasquez-Lopez, who is confined in the Central Arizona Detention Center in Florence, Arizona, filed a pro se Motion for Time Reduction by an Inmate in Federal Custody (28 U.S.C. § 2255). The Court will summarily deny the motion. Movant pled guilty to Illegal Re-entry After Deportation, in violation of 8 U.S.C. § 1326(a), with a sentencing enhancement pursuant to 8 U.S.C. § 1326(b)(2). On June 19, 2007, the Court sentenced Movant to a 57-month term of imprisonment followed by 3 years on supervised release. On July 3, 2007, Movant filed a Notice of Appeal (Doc. #23) to the United States Court of Appeals for the Ninth Circuit from the judgment of conviction and sentence. The United States Court of Appeals for the Ninth Circuit has instructed the district courts that they should not entertain § 2255 motions while there is a direct appeal pending in either the Ninth Circuit or the Supreme Court. United States v. Deeb, 944 F.2d 545, 548 (9th Cir. 1991); Feldman v. Henman, 815 F.2d 1318, 1320 (9th Cir. 1987); see also United

Dockets.Justia.com

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States v. Pirro, 104 F.3d 297, 299 (9th Cir. 1997); Rule 5, Rules Governing Section 2255 Proceedings for the United States District Courts, Advisory Comm. Note (1976) (absent extraordinary circumstances, the orderly administration of criminal justice precludes a district court from considering a § 2255 motion while review of the direct appeal is still pending). Accordingly, Movant's § 2255 Motion will be denied without prejudice pending resolution of Movant's direct appeal. IT IS THEREFORE ORDERED that the Motion for Time Reduction by an Inmate in Federal Custody (28 U.S.C. § 2255) (Doc. #27 in CR 06-0999-PHX-JAT) is denied without prejudice and that the civil action opened in connection with this Motion (CV 071539-PHX-JAT (JRI)) is dismissed without prejudice. The Clerk of Court must enter judgment accordingly. DATED this 16th day of August, 2007.

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