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
Key Terms:
HabeasCorpus
HabeasCorpus
Latest Conference:
2019-10-01
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
Question Presented (OCR Extract)
QUESTION PRESENTED 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(f)(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?
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
United States
Noel J. Francisco — Solicitor General, Respondent
Noel J. Francisco — Solicitor General, Respondent