Franco-Pou v. USA
ORDER denying without prejudice 1 Motion to Vacate/Set Aside/Correct Sentence (2255). Signed by Judge Stefan R. Underhill on 1/30/2012. (Munoz, A.)
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
JOSE A. FRANCO-POU,
No. 3:11cv1859 (SRU)
UNITED STATES OF AMERICA,
Jose Franco-Pou pled guilty on October 13, 2004 to a charge of conspiracy to possess
with the intent to distribute cocaine. Judgment entered against Franco-Pou on March 7, 2005.
Franco-Pou filed a notice of appeal on March 9, 2005, but withdrew his appeal on June 13, 2005.
On November 21, 2011, Franco-Pou filed a letter motion requesting the sentencing transcripts
and plea agreements of his co-defendants so that he could prepare a motion pursuant to 28
U.S.C. § 2255. Any potential motion pursuant to section 2255, however, appears untimely. As
such, Franco-Pou’s letter motion [doc. # 1] is DENIED without prejudice. Franco-Pou may
resubmit his request only upon a showing of good cause for tolling the statute of limitations for
bringing a petition pursuant to section 2255. Franco-Pou shall submit any renewed request within
thirty (30) days of the entry of this order.
It is so ordered.
Dated at Bridgeport, Connecticut, this 30 day of January 2012.
/s/ Stefan Underhill
Stefan R. Underhill
United States District Judge
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