Griego v. United States of America
ORDER EXPANDING THE RECORD by Magistrate Judge Gregory J. Fouratt. The parties shall file their joint submission and attachments not later than January 20, 2017. (kdj)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW MEXICO
UNITED STATES OF AMERICA,
CV 16-682 JCH/GJF
CR 14-591 JCH
ORDER EXPANDING THE RECORD
As set forth in the briefing on Petitioner’s Motion to Correct Sentence under 28 U.S.C. §
2255, this case may turn on whether one of Petitioner’s prior convictions remains a “crime of
violence” under U.S.S.G. § 4B1.2(a) in the wake of Johnson v. United States, 135 S. Ct. 2551
(2015). With respect to that particular conviction, captioned State v. Reynaldo Griego, D-202CR-201302614 (2nd Judicial District Court, State of New Mexico), the Court has thus far
received only the indictment from that case. See CV Doc. 5-1. The indictment, while helpful, is
not in and of itself sufficient to permit the Court to properly conduct its analysis.
Rule 7(a) of the Rules Governing Section 2255 Proceedings permits the Court to “direct
the parties to expand the record by submitting additional materials relating to the motion.”
Therefore, the Court ORDERS the parties to jointly submit (1) the plea agreement, and (2) the
judgment and sentence document that were filed in that state case. Pursuant to Rule 7(c) of the
Rules Governing Section 2255 Proceedings, the Court further ORDERS the Petitioner to
affirmatively state in the joint filing whether he “admit[s] or den[ies] [the] correctness” of those
two documents. The Court further ORDERS that the joint submission and attachments must be
filed not later than January 20, 2017.
IT IS SO ORDERED.
THE HONORABLE GREGORY J. FOURATT
UNITED STATES MAGISTRATE JUDGE
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