Tran v. United States of America

Filing 4

ORDER re 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) (Criminal Action CR12-4009-MWB-2.) filed by Jessica Lynn Tran. Clerk of Court is directed to appoint counsel to represent petitioner. Petitioner Tran, with the aid of counsel, shal l file a brief in support of 2255 motion on or before 6/14/2013. The United States is directed to file a brief in response on or before 7/15/2013. Petitioner shall file any brief in reply on or before 8/8/2013. The court notes that petitioner Tran raises a claim of ineffective assistance of counsel. See text of Order. Signed by Judge Mark W Bennett on 4/11/13. (copy w/nef mailed to pro se petitioner; CJA Panel Administrator notified) (djs)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
WESTERN DIVISION

JESSICA LYNN TRAN,
Petitioner,

No. C13-4030-MWB
(CR12-4009-MWB)

vs.

ORDER SETTING BRIEFING
SCHEDULE ON PETITIONER’S
UNITED STATES OF AMERICA,
MOTION TO VACATE SENTENCE
AND JUDGMENT PURSUANT TO 28
Respondent.
U.S.C. § 2255
____________________
This case is before the court on petitioner Jessica Lynn Tran’s pro se Motion To
Vacate Sentence and Judgment Pursuant to 28 U.S.C. § 2255 (docket no. 1). Having
conducted its preliminary consideration of petitioner Tran’s motion pursuant to Rule 4(b)
of the Rules Governing Section 2255 Proceedings, the Clerk of Court is directed to appoint
counsel to represent petitioner Tran on her Motion To Vacate Sentence and Judgment
Pursuant to 28 U.S.C. § 2255. Petitioner Tran, with the aid of counsel, shall file a brief
in support of Tran’s current § 2255 motion on or before June 14, 2013. The United States
is directed to file a brief in response to petitioner Tran’s § 2255 motion on or before July
15, 2013. Petitioner Tran shall file any brief in reply on or before August 8, 2013.
The court notes that petitioner Tran raises a claim of ineffective assistance of
counsel. A claim of ineffective assistance of counsel waives the attorney-client privilege
as to communications with the attorney necessary to prove or disprove the claim. United
States v. Pinson, 584 F.3d 972, 978 (10th Cir. 2009) (citing Tasby v. United States, 504
F.2d 332, 336 (8th Cir. 1974) (“When a client calls into public question the competence
of his attorney, the privilege is waived.”). Therefore, counsel whose representation is

challenged shall cooperate with the United States and provide information, documents, and
an affidavit, if necessary, responsive to any ineffective assistance of counsel claim in
petitioner Tran’s § 2255 motion.
Where former counsel cooperates by reviewing his or her files, by providing
information and documents, by preparing an affidavit and/or by testifying during an
evidentiary hearing, the court deems it appropriate to pay him or her under the Criminal
Justice Act, 18 U.S.C. § 3006A. After providing the requisite services, counsel may
submit a supplemental CJA 20 voucher.

Absent exceptional circumstances or an

extraordinary reason for doing so, counsel’s claim for services should not exceed 10 hours
and claim for other expenses should not exceed $250.00.
IT IS SO ORDERED.
DATED this 11th day of April, 2013.

__________________________________
MARK W. BENNETT
U. S. DISTRICT COURT JUDGE
NORTHERN DISTRICT OF IOWA

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