Butter v. JoAnne Barnhart
Filing
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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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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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UNITED STATES OF AMERICA,
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For the Northern District of California
United States District Court
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No. CR 04-0319 WHA
Plaintiff,
v.
ORDER RE PROPER VENUE
FOR PENDING MOTION
SALVADOR SANDOVAL-OCHOA,
Defendant.
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Defendant was originally sentenced by the undersigned judge for illegal entry.
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Defendant served time, was deported, and then re-entered the country. He was convicted of
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illegal entry once again, this time in Utah. Recently, he made a motion for appointment of
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counsel to the District Court of Utah. The Clerk of that court forwarded the request here
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because the original conviction occurred in this district.
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The Court requested the views of the Federal Public Defender as to defendant’s pending
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application for appointment of counsel. The Federal Public Defender filed a response, which
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pointed out that defendant was not subject to any sentencing enhancements in this district but
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that the “33-month sentence in his District of Utah case number 15-00037-DN, however, could
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be the result of an offense-level enhancement” (Dkt. No. 43). The Federal Public Defender
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noted that a return transfer would most likely “reflect Mr. Sandoval-Ochoa’s intent to attack his
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District of Utah section 1326 judgment.” The Federal Public Defender further stated:
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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
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understands the Office is taking steps regarding Mr. SandovalOchoa’s representation.
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This order concludes that defendant intended to attack the sentence imposed by the
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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
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pending motion and its attachments to the Clerk of the District Court of Utah.
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IT IS SO ORDERED.
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Dated: October 6, 2016.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
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For the Northern District of California
United States District Court
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