Orozco-Rios v. United States of America

Filing 27

ORDER: The record does not conclusively establish that Orozco is not entitled to relief on the basis of claims of ineffective assistance of counsel at sentencing. Accordingly, the Federal Public Defenders Office is DIRECTED to designate a memb er of the Federal Defenders Panel to represent Mr. Orozco. New counsel for Mr. Orozco shall promptly enter a notice of appearance. Counsel is granted 60 days from the date this order is docketed to file an amended § 2255 motion on behalf of Ma uricio Orozco. Thereafter, the respondent shall have 30 days to file his response to the supplemented motion. A hearing date will be set by subsequent order after briefing is concluded. Signed by District Judge Aleta A. Trauger on 7/18/2014. (xc:Pro se party by regular and certified mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (ds)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

MAURICIO OROZCO-RIOS,
Movant,
v.
UNITED STATES OF AMERICA,
Respondent.

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No. 3:14-cv-00568
Judge Trauger

ORDER
Mauricio Orozco-Rios, a federal prisoner incarcerated at FCI Ray Brook, has filed a pro se motion
under 28 U.S.C. § 2255, challenging a conviction and sentence issued by this Court in March 2011.
As explained in the accompanying Memorandum Opinion, the court finds that Mauricio Orozco is
not entitled to relief on the basis of his claims that (1) his plea was involuntary or (2) his counsel was
ineffective insofar as he permitted Orozco to enter an involuntary plea. Those claims are therefore
DISMISSED.
However, the record does not conclusively establish that Orozco is not entitled to relief on the
basis of claims of ineffective assistance of counsel at sentencing. The court finds, therefore, that further
briefing and an evidentiary hearing are required before the court may address those claims.
Accordingly, the Federal Public Defender’s Office is DIRECTED to designate a member of the
Federal Defender’s Panel to represent Mr. Orozco. New counsel for Mr. Orozco shall promptly enter a
notice of appearance. Counsel is granted 60 days from the date this order is docketed to file an amended
§ 2255 motion on behalf of Mauricio Orozco. Thereafter, the respondent shall have 30 days to file his
response to the supplemented motion. A hearing date will be set by subsequent order after briefing is
concluded.
It is so ORDERED.

Aleta A. Trauger
United States District Judge