Young v. United States of America

Filing 77

MEORANDUM OPINION AND ORDER denying 76 MOTION pursuant to Rule 51 preserving claimed error by Joseph Paul Young (pro se). Signed by Judge John T. Copenhaver, Jr. on 9/26/2011. (cc: attys; any unrepresented party, Timothy Joseph Langley, Jeffrey C. Clapper, Jan Leslie Holmgren) (tmr)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
JOSEPH PAUL YOUNG,
Movant
v.

CIVIL ACTION NO. 2:09-1554
(Criminal No. 2:08-00226)

UNITED STATES OF AMERICA,
Respondent
MEMORANDUM OPINION AND ORDER

Pending is movant’s “motion pursuant to Rule 51;
preserving claimed error” (“Rule 51 motion”) filed August 29,
2011.

On December 27, 2010, the court entered its Judgment
denying movant’s motion pursuant to 28 U.S.C. § 2255.
failed to notice an appeal from the Judgment.

Movant

In his Rule 51

motion, movant requests the court to consider as preserved an
alleged error that occurred during a trial on an indictment
against him in the United States District Court for the District
of South Dakota.
No. 4:08-40151.

The case appears to be United States v. Young,
Following a jury trial, movant was convicted

there on August 25, 2010.
2010.

The Judgment was entered November 9,

Movant’s direct appeal was unsuccessful, and the United

States Court of Appeals for the Eighth Circuit entered the
mandate on August 9, 2011.

Movant now alleges that certain evidence was admitted
in his South Dakota trial in violation of the plea agreement that
he entered into in this district on February 24, 2009.
does not govern here.

Rule 51

Inasmuch as the only relief movant

requests is that the court “preserve [the] . . . error pursuant
to RULE 51, until he completes his court proceedings in the
district of Minnesota [sic],” it is ORDERED that the Rule 51
motion be, and it hereby is, denied.

The Clerk is directed to forward copies of this written
opinion and order to the movant and all counsel of record and to
the following lawyers involved in the South Dakota matter:
Timothy Joseph Langley
Federal Public Defender's
Office
200 West 10th Street #200
Sioux Falls, SD 57104

Jeffrey C. Clapper
U.S. Attorney's Office
P.O. Box 2638
Sioux Falls, SD 57101-2638
Jan Leslie Holmgren
U.S. Attorney's Office
P.O. Box 2638
Sioux Falls, SD 57101-2638
ENTER:

September 26, 2011

John T. Copenhaver, Jr.
United States District Judge

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