Jimenez-Torres v. USA

Filing 3

JUDGMENT of USCA (certified copy) as to Wilfredo Jimenez-Torres (1) re 70 Notice of Appeal - Final Judgment (filed in Cr. 13-cr-291-CCC); In November 2017, Defendant-Appellant Wilfredo Jimenez-Torres, pro se, filed in the district court a document c aptioned "notice of appeal under the 28 U.S.C. § 2255." However, we now conclude that the filing was intended as a § 2255 motion. Accordingly, the clerk shall transfer the motion back to the United States District Court for the District of Puerto Rico. This court expresses no view as to whether the motion is timely or meritorious, and we leave it to the district court to coordinate handling of this motion with handling of the § 2255 motion that Jimenez-Torres filed several weeks after filing the current motion. See D. Ct. Case No. 17-cv-02348-CCC. This appeal is TERMINATED. (Attachments: # 1 Exhibit Motion) (xi)

United States Court of Appeals
For the First Circuit
_____________________
No. 17-2187
UNITED STATES,
Appellee,
v.
WILFREDO JIMENEZ-TORRES,
Defendant - Appellant.
__________________
Before
Howard, Chief Judge,
Torruella and Kayatta, Circuit Judges.
__________________
JUDGMENT
Entered: April 5, 2018
In November 2017, Defendant-Appellant Wilfredo Jimenez-Torres, pro se, filed in the
district court a document captioned "notice of appeal under the 28 U.S.C. § 2255." The filing
initially was construed by the district court as a notice of appeal, despite the fact that the notice
seemingly would not have been timely as to any order or judgment entered in Jimenez-Torres'
criminal proceedings. This appeal was opened in response to the filing. However, we now
conclude that the filing was intended as a § 2255 motion. Accordingly, the clerk shall transfer the
motion back to the United States District Court for the District of Puerto Rico. See Fed. R. App.
P. 22(a) (when a § 2255 motion is "made to a circuit judge, the application must be transferred to
the appropriate district court"). This court expresses no view as to whether the motion is timely
or meritorious, and we leave it to the district court to coordinate handling of this motion with
handling of the § 2255 motion that Jimenez-Torres filed several weeks after filing the current
motion. See D. Ct. Case No. 17-cv-02348-CCC. This appeal is terminated.
So ordered.
By the Court:
/s/ Margaret Carter, Clerk

cc:
Hon. Carmen Consuelo Cerezo
Frances Rios de Moran, Clerk, United States District Court for the District of Puerto Rico
Ignacio Fernandez-De-Lahongrais
Wilfredo Jimenez-Torres
Max J. Perez-Bouret
Mariana E. Bauza Almonte