Warden

Rudy Gutierrez v. Warden

Good Law
United States District Court, Central District of CaliforniaFebruary 4, 20212:20-cv-10678California2,028 words

Opinion

Trial Court Opinion

BACKGROUND

17 On November 4, 2020, Petitioner, who is housed at the U.S. 18 Penitentiary at Lompoc, filed a Petition for Writ of Habeas 19 Corpus by a Person in Federal Custody under 28 U.S.C. § 2241 in 20 the Southern District of California, which transferred it here 21 on November 23. In 2007, he was convicted in the Southern 22 District of Texas of one count each of conspiracy to possess 23 with intent to distribute more than 1000 kilograms of marijuana 24 and conspiracy to commit money laundering, and he was sentenced 25 to an aggregate prison term of 360 months. See United States v. 26 Gutierrez, 292 F. App’x 412, 414-15 (per curiam) (5th Cir. 27 28 1)2008) (see also Pet. at 1, 11). Petitioner appealed, arguing |famong other things that his Sixth Amendment right to counsel was violated because a prosecution witness was represented by an ||attorney who had briefly represented him and that his trial ||}counsel was ineffective for failing to object to that |jarrangement. Gutierrez, 292 F. App’x at 417. The Fifth Circuit ||Court of Appeals affirmed his convictions and sentence. …

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