Garcia-Salinas v. United States of America

Filing 5

ORDER Re: Motion Pursuant to 28 U.S.C. § 2255. Signed by Judge Ronald M. Whyte on 11/20/08. (jg, COURT STAFF) (Filed on 11/21/2008)

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ORDER REQUESTING RESPONSE FROM GOVERNMENT NO. C-04-04177-RMW (Related to: CR-00-20335-RMW)

*E-FILED - 11/21/08*

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, Plaintiff/Respondent, v. MELCHOR ARTURO LOPEZ, Defendant/Movant. The government has responded to the motion to set aside his sentence and conviction filed pursuant to 28 U.S.C. §2255 by Oscar Antonio Garcia-Salinas AKA Arturo Melchor Lopez. The government provides a declaration from movant's counsel denying that he ever advised movant that he would avoid deportation by entering into a plea agreement and pleading guilty as he did. Movant's claim that he was so advised is vague and conclusionary. Absent a declaration under oath from movant or someone else with personal knowledge that sets forth who specifically gave the advice, who was present when it was given and specifically what was said, the court will deny the motion without further proceedings. Movant is to file and serve such a declaration by December 19, 2008. Absent such filing, the motion will be denied without further proceedings. DATED: November 20, 2008 _______________________________ RONALD M. WHYTE United States District Judge

CASE NO.: C-04-04177-RMW (Related to: CR-00-20335-RMW ) ORDER RE MOTION PURSUANT TO 28 U.S.C. § 2255

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ORDER REQUESTING RESPONSE FROM GOVERNMENT NO. C-04-04177-RMW (Related to: CR-00-20335-RMW)

Copy of Order Mailed to: John N. Glang Assistant U.S. Attorney 150 Almaden Blvd., Ste. 900 San Jose, CA 95113 Counsel for Government Melchor Arturo Lopez A#078-075-414 Sheriff's Routing No. 1489-609 45100 60th Street West Lancaster, CA 93536 Pro Se Defendant

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