Butter v. JoAnne Barnhart

Filing 13

FILED IN ERROR. PLEASE DISREGARD. (whalc2, COURT STAFF) (Filed on 10/6/2016) Modified on 10/6/2016 (whalc2, COURT STAFF).

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 UNITED STATES OF AMERICA, 11 For the Northern District of California United States District Court 10 12 13 14 15 No. CR 04-0319 WHA Plaintiff, v. ORDER RE PROPER VENUE FOR PENDING MOTION SALVADOR SANDOVAL-OCHOA, Defendant. / 16 Defendant was originally sentenced by the undersigned judge for illegal entry. 17 Defendant served time, was deported, and then re-entered the country. He was convicted of 18 illegal entry once again, this time in Utah. Recently, he made a motion for appointment of 19 counsel to the District Court of Utah. The Clerk of that court forwarded the request here 20 because the original conviction occurred in this district. 21 The Court requested the views of the Federal Public Defender as to defendant’s pending 22 application for appointment of counsel. The Federal Public Defender filed a response, which 23 pointed out that defendant was not subject to any sentencing enhancements in this district but 24 that the “33-month sentence in his District of Utah case number 15-00037-DN, however, could 25 be the result of an offense-level enhancement” (Dkt. No. 43). The Federal Public Defender 26 noted that a return transfer would most likely “reflect Mr. Sandoval-Ochoa’s intent to attack his 27 District of Utah section 1326 judgment.” The Federal Public Defender further stated: 28 Undersigned counsel contacted the Office of the Federal Public Defender for the District of Utah regarding Mr. Sandoval-Ochoa’s filing. The office is aware of the filing, and undersigned counsel 1 understands the Office is taking steps regarding Mr. SandovalOchoa’s representation. 2 This order concludes that defendant intended to attack the sentence imposed by the 3 District Court of Utah. The pending motion should have been docketed in Case Number 154 00037-DN in that court. The CLERK SHALL PLEASE MAIL a copy of this order along with the 5 pending motion and its attachments to the Clerk of the District Court of Utah. 6 7 IT IS SO ORDERED. 8 9 Dated: October 6, 2016. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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