Guzman v. USA

Filing 3

30-DAY ORDER re 1 Motion to Vacate/Set Aside/Correct Sentence (2255), (Govt's responses due by 6/28/2012); granting 2 MOTION for Transcripts at Government Expense; Clerk is directed to mail petitioner copies of Trial Transcripts, all pretrial motions and sentencings transcripts along with docket sheets. (transcripts & docket sheets mailed to petitioner). Signed by District Judge Richard Voorhees on 5/29/12. (Pro se litigant served by US Mail.)(smj)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:11cv191-RLV
RUBEN SANCHEZ-GUZMAN,

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Petitioner,
Vs.
UNITED STATES OF AMERICA,
Respondent.
_______________________________

30-DAY ORDER

THIS MATTER is before the Court on Petitioner’s Motion under 28, United States
Code, Section 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody
(Doc. No. 1); and on Petitioner’s “Motion for Transcripts at Government Expense.” (Doc.
No. 2).
The Court has conducted an initial screening of the petition under Rule 4(b) and finds,
as follows: (1) the petition has been signed under penalty of perjury, Rule 2(b)(5), 28
U.S.C.A. foll. § 2255; (2) Petitioner has provided indicia that the petition was filed within
one year of certiorari being denied by the United States Supreme Court, § 2255(f); and (3)
Petitioner has asserted claims that may be cognizable under § 2255(a). Upon consideration
of the motion and the record of prior proceedings, the Court determines that the United States
Attorney should file a response to Petitioner’s allegations. Id. Specifically, the Court finds 1

1

In setting forth such claim under Rule 4(b), the Court takes no position as to whether
such claim is properly alleged or would survive review under Rule 12(b)(6) or Rule 56.
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that the following claim has been raised:
(1)

Whether trial and appellate counsel provided ineffective
assistance of counsel when counsel used the wrong law
concerning Fed. R. Evid. 403 and 404(b), where Petitioner was
not a prior felon; and whether trial attorney McIntyre’s
ineffectiveness proved fatal to Petitioner’s pre-trial motion
concerning 403 and 406(b) extrinsic act evidence, where an
unrelated gun case was introduced, causing substantial prejudice
by allowing the admission of evidence that prove[d] fatal and
had little probable value and outweighed such by causing undue
prejudice.2

The Court will direct that the United States file an Answer or other responsive
pleading in this case within thirty (30) days.
ORDER
IT IS, THEREFORE, ORDERED that:
1.

Petitioner’s “Motion for Transcripts at Government Expense (Trial
Transcripts, all pretrial motions and sentencing transcripts along with
docketing sheet)” is GRANTED to the extent that the Clerk is directed to mail
to Petitioner copies of the following transcripts from the docket in Petitioner’s
related criminal case, docket no. 5:08-cr-10: 213; 215; 216; 217; 218; 219
(Doc. No. 2). The Clerk is also directed to mail Petitioner a copy of the docket
sheet in docket no. 5:08-cr-10.

2.

no later than thirty (30) days, the United States Attorney shall file an Answer
or other responsive pleading to Petitioner’s Motion to Vacate, Set Aside, or

2

The Court has paraphrased Petitioner’s Ground One.
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Correct Sentence, detailing and responding to Petitioner’s allegations.

Signed: May 29, 2012

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