Puentes-Garcia v. USA

Filing 4

MEMORANDUM AND ORDER: ordering the Government to file a response to petitioner's §2255 motion. Signed by Judge J. Phil Gilbert on 3/18/2013. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
MANUEL PUENTES-GARCIA,
Petitioner,
v.

Civil No. 12-cv-1184-JPG

UNITED STATES OF AMERICA,

Criminal No 03-cr-30181-JPG

Respondent.
MEMORANDUM AND ORDER
This matter comes before the Court on petitioner Manuel Puentes-Garcia’s motion to
vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255 (Doc. 1). On October 9,
2008, the petitioner pled guilty to one count of illegal reentry into the United States without
permission after having committed a felony and being removed from the United States, all in
violation of 8 U.S.C. § 1326(a) and (b)(2). On February 6, 2009, the Court sentenced the
petitioner to serve 86 months in prison with 1 month credit for time served. The petitioner did not
appeal his sentence.
In his § 2255 motion, first filed on July 23, 2011, and filed as this case on November 16,
2012, the petitioner raises the following claims:
1. Ineffective assistance of counsel for failing to seek a downward departure due to the
sentencing disparity with defendants in the fast-track program, see, e.g., United States v.
Reyes-Hernandez, 624 F.3d 405 (7th Cir. 2010);
2. Ineffective assistance of counsel for failing to advise him deportation would result from his
guilty plea, see Padilla v. Kentucky, 559 U.S. 356 (2010); and
3. Ineffective assistance of counsel for failing to communicate a plea offer from the Government,
see Missouri v. Frye, 132 S. Ct. 1399 (2012).
The Court ORDERS the Government to file a response to the petitioner’s § 2255 motion
within THIRTY DAYS of the date this order is entered. In light of the timing of the petitioner’s

motion, the Court invites the Government to address the timeliness of the petition. The
Government shall, as part of its response, attach all relevant portions of the record in the
underlying criminal case.
The Court further DIRECTS the Clerk of Court to send a copy of this order to the
petitioner at:
Manuel Puentes-Garcia, Reg. No. 08021-025
FCI McDowell
Federal Correctional Institution
P.O. Box 1009
Welch, WV 24801
and to change his address accordingly in the file. The Court reminds the petitioner of his
continuing obligation under Local Rule 3.1(b) to keep the Clerk’s Office informed of changes in
his location in writing within seven days after a transfer or other change in address. The Court
further WARNS the petition that, in the future, the Court will construe any failure to abide by this
rule as an intent to abandon this case and may dismiss this case under Federal Rule of Civil
Procedure 41(b) for failure to prosecute.
IT IS SO ORDERED.
DATED: March 18, 2013
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE