You're viewing Docket Item 49 from the case USA v. Rivera-Carbajal. View the full docket and case details.

Download this document:




1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA

UNITED STATES OF AMERICA,
Plaintiff,

vs.
JOSE RIVERA-CARBAJAL,

_________________________________

Defendant.

)
)
)
)
)
)
)
)
)
)

2:11-cr-00427-HDM-CWH
2:13-cv-01068-HDM

ORDER

On June 7, 2012, the defendant pled guilty to the single-count

indictment charging him with being a deported or removed alien
unlawfully found in the United States. On November 13, 2012, the
court sentenced defendant to 51 months imprisonment. Defendant
appealed his judgment of conviction to the Ninth Circuit.

On June 17, 2013, while his direct appeal was still pending,
defendant filed a motion to vacate, set aside, or correct sentence
pursuant to 28 U.S.C. § 2255 (#43). On June 21, 2013, the Ninth
Circuit affirmed the court’s judgment. Thereafter, defendant had
ninety days within which to file any petition for a writ of
certiorari. Accordingly, defendant’s judgment did not become final
until September 19, 2013.

1

The court could not entertain defendant’s motion for habeas

relief while his direct appeal remained pending. United States v.
LaFromboise, 427 F.3d 680, 686 (9th Cir. 2005). As defendant’s
judgment is now final, however, the government shall file a
response to defendant’s § 2255 motion on or before November 19,
2013.

IT IS SO ORDERED.
DATED: This 20th day of September, 2013.

____________________________
UNITED STATES DISTRICT JUDGE

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2