Toro v. USA

Filing 2

Order Directing Respondent to Answer 2255 Motion. Signed by Judge Lucy Koh on 06/10/2016. (lhklc2S, COURT STAFF) (Filed on 6/10/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
Northern District of California

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JAIME ARANA DEL TORO,
Petitioner,

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v.

Case No. 16-CV-02538-LHK
ORDER DIRECTING RESPONDENT
TO ANSWER § 2255 MOTION
Re: Dkt. No. 1

UNITED STATES OF AMERICA,
Respondent.

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Petitioner Jaime Toro (“Petitioner”), proceeding pro se, filed on May 10, 2016 a Motion to

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Vacate, Set Aside, or Correct the Sentence pursuant to 28 U.S.C. § 2255. ECF No. 1 (“§ 2255

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Motion”). Petitioner is serving a 120-month sentence of imprisonment for his July 8, 2015

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conviction for possession with intent to distribute 50 grams or more of methamphetamine. Id. at

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1–2. Petitioner’s § 2255 Motion argues that he was denied his right to effective assistance of

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counsel and that he “did not fully understand the extent of [his] rights, and the rights [he] was

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giving up” when he pleaded guilty pursuant to a plea agreement. Id. at 4–5.

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Under 28 U.S.C. § 2255:

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(a) A prisoner in custody under sentence of a court established by Act of Congress
claiming the right to be released upon the ground that the sentence was imposed
in violation of the Constitution or laws of the United States, or that the court
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Case No. 16-CV-02538-LHK
ORDER DIRECTING RESPONDENT TO ANSWER § 2255 MOTION

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was without jurisdiction to impose such sentence, or that the sentence was in
excess of the maximum authorized by law, or is otherwise subject to collateral
attack, may move the court which imposed the sentence to vacate, set aside or
correct the sentence.

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(b) Unless the motion and the files and records of the case conclusively show that
the prisoner is entitled to no relief, the court shall cause notice thereof to be
served upon the United States attorney, grant a prompt hearing thereon,
determine the issues and make findings of fact and conclusions of law with
respect thereto.
The Court can not say that the motion, files, and records of the case “conclusively show”
that Petitioner is not entitled to relief. 28 U.S.C. 2255(b). Petitioner’s claims appear cognizable
under § 2255 and thus merit a response from Respondent. Accordingly, the Court ORDERS
Respondent to respond to Petitioner’s claims per the schedule set forth below.
CONCLUSION

United States District Court
Northern District of California

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For the foregoing reasons and for good cause shown,
1. The Clerk shall serve a copy of this Order on the Petitioner, and shall file a certificate of
service after doing so.
2. Petitioner may file with the Court and serve on Respondent, within thirty (30) days
from the date of receiving this Order, a supporting memorandum of points and authorities, not to
exceed 25 pages in length.
3. Respondent shall file with the Court and serve on Petitioner within sixty (60) days of
the filing of Petitioner’s supporting memorandum of points and authorities an Answer showing
cause why the Court should not “vacate, set aside, or correct the sentence” of Petitioner. If
Petitioner does not file a supporting memorandum of points and authorities, Respondent shall file
with the Court and serve on Petitioner an Answer no later than ninety (90) days of the issuance of
this Order. Respondent’s Answer must conform in all respects to Rule 5 of the Rules Governing
Section 2255 Cases.
4. If Petitioner wishes to respond to the Answer, Petitioner shall do so by filing a Traverse
with the Court and serving it on Respondent within thirty (30) days of his receipt of the Answer.
5. Petitioner’s motion is set for hearing on October 27, 2016, at 1:30 p.m.
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Case No. 16-CV-02538-LHK
ORDER DIRECTING RESPONDENT TO ANSWER § 2255 MOTION

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IT IS SO ORDERED.

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Dated: June 10, 2016

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______________________________________
LUCY H. KOH
United States District Judg

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United States District Court
Northern District of California

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Case No. 16-CV-02538-LHK
ORDER DIRECTING RESPONDENT TO ANSWER § 2255 MOTION