Franco

Franco v. United States

Good Law
United States District Court, Southern District of CaliforniaJanuary 20, 20223:19-cv-00493-GPCCalifornia8,201 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 PABLO FRANCO Case No.: 12-CR-0236-GPC-3 aka Casper, 19-CV-493-GPC

Petitioner-Defendant, AMENDED ORDER DENYING v. PETITIONER’S MOTION TO

VACATE, SET ASIDE, OR

UNITED STATES OF AMERICA,

CORRECT SENTENCE PURSUANT Respondent-Plaintiff. TO 28 U.S.C. § 2255

[Dkt. No. 2195.]

18 On March 12, 2019, Petitioner Pablo Franco (“Petitioner”), a federal prisoner 19 proceeding pro se, moved to vacate, set aside, or correct his sentence under 28 U.S.C. § 20 2255 (“§ 2255”) alleging ineffective assistance of counsel (“IAC”) and a violation of his 21 rights under Brady v. Maryland, 373 U.S. 83 (1963). (Dkt. No. 2195.) On June 14, 2020, 22 the United States of America (“the Government”) opposed, alleging the petition is 23 untimely, raises matters that could have been raised on direct appeal, and fails on the 24 merits. (Dkt. No. 2277.) On October 22,…

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