Hernandez-Gomez v. USA

Filing 16

MEMORANDUM DECISION AND ORDER - IT IS ORDERED: 1. The Governments Motion for a Stay Pending the Supreme Courts Resolution of Garza v. Idaho (Dkt. 14 ) is DENIED AS MOOT. 2. The Government is ORDERED to coordinate with the United States Marshalls Service and the United States Bureau of Prisons to arrange for Mr. Hernandez-Gomezs transport to Pocatello, Idaho. 3. The Clerk of the Court is ORDERED to appoint counsel for Mr. Hernandez-Gomez under the Criminal Justice Act. 4. An evidentiary hearing will be held in this matter on July 17, 2019 at 11:00 AM in the United States Courthouse in Pocatello, Idaho. (Evidentiary Hearing set for 7/17/2019 11:00 AM in Pocatello - District Courtroom before Judge B. Lynn Winmill.) Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
UNITED STATES OF AMERICA,
Criminal Dkt.: 4:16-cr-00044-BLW-2
Civil Dkt.: 4:16-cv-00557-BLW
Plaintiff,
v.

MEMORANDUM DECISION AND
ORDER

ATENEDORO HERNANDEZ-GOMEZ,
Defendant.

BACKGROUND
This Court previously ordered the Government to provide notice of whether it
intended to continue opposing Mr. Hernandez-Gomez’s motion under 28 U.S.C. § 2255.
Dkt. 13. In response, the Government provided notice that it does. Dkt. 14. In the same
filing, the Government requested a stay pending the issuance of a decision from the
United States Supreme Court in Garza v. Idaho, 405 P.3d 576 (Idaho 2017), cert. granted
138 S. Ct. 2649 (U.S. June 18, 2018), 17-1206. For the reasons set forth below, the
Government’s motion (Dkt. 14) is DENIED AS MOOT.
Analysis
After the Government filed its Motion seeking a stay, the Supreme Court issued its
decision in Garza v. Idaho, No. 17-1026, 2019 WL 938523, at *1 (U.S. Feb. 27, 2019).
In its decision, the Supreme Court reversed the Idaho Supreme Court and held that
“where an attorney perform[s] deficiently in failing to file a notice of appeal despite the

MEMORANDUM DECISION AND ORDER - 1

defendant’s express instructions, prejudice is presumed with no further showing from the
defendant of the merits of his underlying claims.” Id. at 8 (internal quotations omitted).
After the Supreme Court issued its decision, the Government acknowledged that its
request for a stay was moot and that an evidentiary hearing was needed. Dkt. 15.
Accordingly, this Court must hold an evidentiary hearing to determine if Mr. HernandezGomez instructed Mr. Randall to file an appeal.
ORDER
IT IS ORDERED:
1.

The Government’s Motion for a Stay Pending the Supreme Court’s
Resolution of Garza v. Idaho (Dkt. 14) is DENIED AS MOOT.

2.

The Government is ORDERED to coordinate with the United States
Marshall’s Service and the United States Bureau of Prisons to arrange for
Mr. Hernandez-Gomez’s transport to Pocatello, Idaho.

3.

The Clerk of the Court is ORDERED to appoint counsel for Mr.
Hernandez-Gomez under the Criminal Justice Act.

4.

An evidentiary hearing will be held in this matter on July 17, 2019 at 11:00
AM in the United States Courthouse in Pocatello, Idaho.

MEMORANDUM DECISION AND ORDER - 2

DATED: March 27, 2019
_________________________
B. Lynn Winmill
U.S. District Court Judge

MEMORANDUM DECISION AND ORDER - 3