Rodriguez v. USA

Filing 2

ORDER re Motion to Vacate. That respondent shall file a response to petitioner's motion to vacate, set aside, or correct sentence (ECF No. 32) no later than 21 days from the date of this order. Petitioner may file a reply within 14 days. Signed by Judge James C. Mahan on 6/24/2020. (Copies have been distributed pursuant to the NEF - JM)

Case 2:20-cv-01151-JCM Document 2 Filed 06/24/20 Page 1 of 1

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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UNITED STATES OF AMERICA,

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Case No. 2:09-CR-262 JCM (GWF)
Plaintiff(s),

ORDER

v.
ALFONSO RIVERA-AVALOS, et al.,

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Defendant(s).

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Presently before the court is the matter of United States of America v. Rivera-Avalos, case

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no. 2:09-cr-00262-JCM-GWF. Juan Rodriguez (“petitioner”) filed a motion to vacate, set aside,

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or correct sentence under 28 U.S.C. § 2255. (ECF No. 32). The court has examined the motion,

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which alleges relief due to Rehaif v. United States, 139 S. Ct. 2191 (2019). Id.

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The United States of America (“respondent”) shall file a response within 21 days from the
date of this order. Thereafter, petitioner will have 14 days to file a reply.

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Accordingly,

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IT IS HEREBY ORDERED that respondent shall file a response to petitioner’s motion to

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vacate, set aside, or correct sentence (ECF No. 32) no later than 21 days from the date of this order.

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Petitioner may file a reply within 14 days.

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James C. Mahan
U.S. District Judge

The clerk is instructed to file this order in the instant matter and in the related civil case,
no. 2:20-cv-01151-JCM.
DATED June 24, 2020.
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UNITED STATES DISTRICT JUDGE