Sou v. United States of America

Filing 3

ORDER Requiring Response. Signed by Judge Ronald M. Whyte on 6/23/10. (jg, COURT STAFF) (Filed on 6/23/2010)

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ORDER REQUIRING RESPONSE NO. C-08-03072, CR-03-20110-RMW

*E-FILED - 6/23/10*

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA, Plaintiff/Respondent, v. THIN EDWARD SOU, Defendant/Movant.

NO. C-08-3072-RMW Related Criminal Case: CR-03-20110-RMW ORDER REQUIRING RESPONSE

Thin Edward Sou moves pursuant to 28 U.S.C. § 2255 to set aside his conviction and to be allowed to accept a 10-year pre-trial plea offer allegedly made by the government. Sou is currently serving a 240- month sentence imposed on October 28, 2005. The basis of his motion is that he was denied his Sixth Amendment right to the effective assistance of counsel when his trial counsel failed to: (1) advise him of a ten-year plea offer; (2) adequately advise him of the advantages of pleading guilty; (3) advise him to plead guilty; (4) adequately investigate relevant sentencing laws; and (5) convey the government's plea offer as it related to the superseding indictment. Pursuant to Rule 4(b) of the Rules on § 2255 Proceedings, the United States Attorney is ordered to file an answer, motion or other response by July 23, 2010.

Date:

6/23/10

_____________________________________ RONALD M. WHYTE

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ORDER REQUIRING RESPONSE NO. C-08-03072, CR-03-20110-RMW

United States District Judge Copy of order mailed to: John N. Glang, AUSA Office of the United States Attorney 150 Almaden Blvd, Suite 900 San Jose, CA 95113 Email: [e-mail] Attorneys for Plaintiff United States of America Thin Edward Sou F.C.I. Elkton P.O. Box 10 Lisbon, OH 44432 Movant/Defendant Eric Russell Krebs Law Offices of Eric R. Krebs 44 Montgomery Street Suite 3585 San Francisco, CA 94104 Email: [e-mail] Attorney for Defenant

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