Briones v. USA

Filing 16

ORDER: The Clerk of Court must serve a copy of the § 2255 Motion 14 and this Order on the United States Attorney for the District of Arizona. The parties and the Clerk of Court must file all documents related to the § 2255 Motion in the c ivil case. The United States Attorney for the District of Arizona has 60 days from the date of service within which to answer the § 2255 Motion; Movant may file a reply within 30 days from the date of service of the answer to the § 2255 Motion. Signed by Senior Judge Robert C Broomfield on 4/16/2014. (See attached Order for details)(ALS)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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United States of America,

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No. CV 13-2445-PHX-RCB (BSB)

Plaintiff,
vs.

CR 96-464-PHX-RCB
ORDER

Riley Briones, Jr.,

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Defendant/Movant.

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On March 25, 2013, Movant Riley Briones, Jr.,1 who is confined in the Federal

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Correctional Institution-Phoenix in Phoenix, Arizona, filed with the Ninth Circuit Court

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of Appeals an application for authorization to file a second or successive 28 U.S.C.

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§ 2255 motion. On November 26, 2013, the Ninth Circuit Court Appeals granted the

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application and transferred the action to this Court for further proceedings.

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In his § 2255 Motion, Movant argues that pursuant to the Supreme Court decision

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in Miller v. Alabama, 132 S. Ct. 2455 (2012), he is entitled to a lesser sentence. The

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Court will call for an answer to the § 2255 Motion.

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IT IS ORDERED:

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(1)

The Clerk of Court must serve a copy of the § 2255 Motion (Doc. 14 in

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CV 13-2445-PHX-RCB (BSB)) and this Order on the United States Attorney for the

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District of Arizona.

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(2)

The parties and the Clerk of Court must file all documents related to the

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TERMPSREF

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The Court’s docket lists Attorney Sigmund Gerald Popko as counsel for Movant.

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§ 2255 Motion in the civil case.
(3)

The United States Attorney for the District of Arizona has 60 days from the

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date of service within which to answer the § 2255 Motion. The United States Attorney

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may file an answer limited to relevant affirmative defenses, including but not limited to,

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statute of limitations, procedural bar, or non-retroactivity. If the answer is limited to

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affirmative defenses, only those portions of the record relevant to those defenses need be

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attached to the answer. Failure to set forth an affirmative defense in an answer may be

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treated as a waiver of the defense. Day v. McDonough, 547 U.S. 198, 209-11 (2006). If

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not limited to affirmative defenses, the answer must fully comply with all of the

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requirements of Rule 5 of the Rules Governing Section 2255 Cases.
(4)

Movant may file a reply within 30 days from the date of service of the

answer to the § 2255 Motion.
DATED this 16th day of April, 2014.

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TERMPSREF

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