No. 18-8604
Ivan Vazquez-Gonzalez v. United States
IFP
Tags: 28-usc-2255 appeals criminal-procedure federal-criminal-procedure habeas-corpus ineffective-assistance right-to-counsel rule-35 sentence-modification sentencing statute-of-limitations
Latest Conference:
2019-10-01
Question Presented (from Petition)
I. May a district court's modification of sentence under Rule 35, Fed. R. Crim. P., be treated as resetting the one-year clock under 28 U.S.C. §2255(0(1) so that a timely claim of the denial of the right to counsel which was associated with the Rule 35 and subsequent appellate decisions may be addressed on the merits?
Question Presented (AI Summary)
Whether a district court's modification of sentence under Rule 35, Fed. R. Crim. P., resets the one-year clock under 28 U.S.C. §2255(f)(1) for a timely claim of the denial of the right to counsel associated with the Rule 35 and subsequent appellate decisions
Docket Entries
2019-10-07
Petition DENIED.
2019-06-13
DISTRIBUTED for Conference of 10/1/2019.
2019-06-12
Reply of petitioner Ivan Vazquez-Gonzalez filed. (Distributed)
2019-05-29
Brief of respondent United States in opposition filed.
2019-04-25
Motion to extend the time to file a response is granted and the time is extended to and including May 29, 2019.
2019-04-24
Motion to extend the time to file a response from April 29, 2019 to May 29, 2019, submitted to The Clerk.
2019-02-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 29, 2019)
Attorneys
Ivan Vazquez-Gonzalez
Ivan Vazquez-Gonzalez — Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent