Frias v. USA
Filing 5
MEMORANDUM OPINION & ORDER: # 97537 as to Octavio Frias re: MOTION to Vacate under 28 U.S.C. 2255 filed by Octavio Frias.... In Petitioner Octavio Frias petition, he claims to have received ineffective assistance from his appointed counsel, Mr. Andre w Patel, Esq. In support of his ineffective assistance claims, Frias makes allegations about purported conversations between himself and Mr. Patel. The Gov't wishes to speak with Mr. Patel about these allegations and to supplement the record wit h an affirmation from him. To facilitate this, the Gov't requests an order that Frias has waived attorney-client privilege over communications relating to his ineffective assistance claims.... Accordingly, petitioner has waived attorney-client p rivilege over communications with counsel that are relevant to the ineffective assistance of counsel claims raised in the Sec. 2255 petition. SO ORDERED. (Also filed as doc. # 125 in 01cr307 (JFK).) (Signed by Judge John F. Keenan on 5/20/09) (ja) Modified on 5/21/2009 (jab).
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