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United States of America v. Miguel Kercheval

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


June 14, 2011

UNITED STATES OF AMERICA, PLAINTIFF,
v.
MIGUEL KERCHEVAL,
DEFENDANT.

The opinion of the court was delivered by: Edward J. Garcia U. S. District Judge

ORDER DIRECTING UNITED STATES TO FILE A RESPONSE

Defendant, a federal prisoner proceeding pro se, has filed a motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255. Defendant was sentenced November 19, 2008, and judgment was entered November 25, 2008. The § 2255 motion was not filed until June 6, 2011. Although filed more than one year after entry of judgment, the motion is timely.*fn1

Defendant's motion raises a single issue of ineffective assistance of counsel relating to the length of defendant's sentence. The United States is directed to file a response to the motion within 30 days from the filing date of this order. Defendant may file a reply within 30 days after service of the response. The matter will stand submitted upon receipt of the last brief. The court is mindful that the government may need additional time to respond to the motion in order to obtain a declaration from defense counsel.*fn2 Requests for extensions of time, by either party, will be considered by the court on an individual basis.

IT IS SO ORDERED.


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