Free Reply/Response Misc - District Court of Connecticut - Connecticut

Case 3:02-cr-00334-PCD

Document 106

Filed 09/30/2005

Page 1 of 2

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT HERMAN JAMES, Petitioner v. UNITED STATES OF AMERICA, Respondent : : : : : : :

Crim. No. 3:02CR334(PCD) Civ. No. 3:05CV1365(PCD)

September 29, 2005

GOVERNMENT'S RESPONSE PETITIONER'S DISCOVERY MOTION Petitioner Herman James has filed a "Motion for Leave of Court to Utilize Discovery," in connection with his petition for a writ of habeas corpus. The Petition appears to challenge his conviction and sentence in this Court. Alternatively, the Petition may constitute a request to withdraw Petitioner's plea of guilty. Petitioner now seeks the production of certain materials relating to his guilty plea and sentencing, including pleadings and transcripts of his guilty plea and sentencing. For the reasons set forth in its submission of September 22, 2005, the Government believes that Petitioner's request for relief under Section 2255 is moot. In any event, Petitioner is still represented by counsel, Jonathan Einhorn, Esquire. All of the requested materials are either in the possession of Attorney Einhorn or, with respect to the transcripts, have been ordered. To the extent that Petitioner seeks to withdraw his guilty plea, the Government respectfully requests

Case 3:02-cr-00334-PCD

Document 106

Filed 09/30/2005

Page 2 of 2

that the Court advise him to consult with counsel in order to determine what materials, if any, he needs to pursue the requested relief. Respectfully submitted, KEVIN J. O'CONNOR UNITED STATES ATTORNEY

JOHN A. MARRELLA ASSISTANT UNITED STATES ATTORNEY Federal Bar No. ct19473 157 Church Street New Haven, CT 06510 Tel. (203) 821-3700

CERTIFICATE OF SERVICE This is to certify that a copy of the foregoing Memorandum has been sent by U.S. Mail, this 29th day of September, 2005, to: Herman James Reg. No. 81631-054 P.O. Box 759 F.C.I. Schuylkill Minersville, PA 17954 Jonathan Einhorn, Esquire 412 Orange Street New Haven, CT 06511 ____________________________ JOHN A. MARRELLA ASSISTANT UNITED STATES ATTORNEY

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