Ortiz-Tarazon v. USA

Filing 22

ORDER: The Order at Doc. 915 in CR 12-877 is deemed amended to delete any reference to Movant's then pending motion to vacate pursuant to 28 U.S.C. § 2255. IT IS FURTHER ORDERED that the motion to vacate at Doc. 21 in CV 16-73 is denied. Signed by Senior Judge James A Teilborg on 5/09/2017. (REK)

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WO

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Hector Raul Ortiz-Tarazon, Sr.,
Movant/Defendant,

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ORDER

v.

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No. CV-16-00073-PHX-JAT
CR-12-00877-01-PHX-JAT

USA,

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Respondent/Plaintiff.

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On February 3, 2016, this Court reassigned the then pending motions for

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sentencing reductions pursuant to the U.S.S.G. 782 Amendment to Judge Wake. (Doc.

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915 in CR 12-877). On the second page of that Order, there was an incorrect reference to

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Defendant Hector Raul Ortiz-Tarazon, Sr.’s motion to vacate under 28 U.S.C. § 2255.

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That motion, and corresponding case CV 16-73, were never reassigned to Judge Wake,

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only the motion for sentencing reduction under 782.1 Accordingly, the Order at Doc. 915

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is amended to delete any reference to the motion to vacate.

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Now pending in CV 16-73 is Movant’s motion to vacate this Court’s decision in

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CV 16-73. The motion to vacate is premised on Movant’s belief (based on the erroneous

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reference to his 2255 motion in this Court’s reassignment order) that the undersigned

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recused on his 2255 motion. As stated above, the undersigned did not recuse on that

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motion. Therefore, the Motion to Vacate will be denied.

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The motion for sentencing reduction under 782 was ultimately withdrawn, thus
the reassignment proved unnecessary. (Docs. 933 and 934 in CR 12-877).

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Based on the foregoing,

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IT IS ORDERED that the Order at Doc. 915 in CR 12-877 is deemed amended to

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delete any reference to Movant’s then pending motion to vacate pursuant to 28 U.S.C. §

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2255.

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IT IS FURTHER ORDERED that the motion to vacate at Doc. 21 in CV 16-73
is denied.
Dated this 9th day of May, 2017.

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