Free Motion for Miscellaneous Relief - District Court of Arizona - Arizona

1 i___FmED -LODGED
p Jose E. Efrain Jaimes Salgado #64243-208 RECENED COPY
California City Correctional Center
2 P.O. Box 3001-0001 II
r California City, Ca. 93504 MAR]‘4 Z`?
3 I
ms D0cUm2m1s_1ggn< ROPERPORM ACCORDING ` C`“%T§TLé|%? gSERT
TO FEDERAL Ammon 1. RULES Arm PRACTICES IN T BY n. E
ANDISSUBEC, TO ONBYTHECDURTI J HE UNITED STATES DISTRICT COURT .L.o __1_ 1_ _
REFERENCE FOR THE DISTRICT OF ARIZONA
‘ (RuleN {Section) _
7 Jose E. Efrain Jaimes Salgado ?)?
Defendant]Petitioner}‘ {
8 )i Case No;.CR#04i10104PHX-EHC
)b _ ____*”___“"____”__
9 1
vs. } PETITIONER REQUESTING THE
i __,__ 10 _ M -.1I STATUS.AHD ORIRESENTENCING~»-·- -
E A ) DATE ON THE ABOVE CAPTIONED
ll United States of America ) CASE:
Plaintiff?Respondent)
12 _ ) -
13
14 Comes Now Jose E. Efrain Jaimes Salgado, the Petitio-
15 ner in the above captioned case, in Pro-se and respectfully -
f 16 request to be provided with the date of his resentencing on .
17 the above captioned case and states as follows:" `
18 BACKGROUND or THE mss _
- 19 On or about the 17th day of August, 2006, a Hearing was
, 20 held regarding the Petitioner‘s Case, with the Govenmentk 1
21 present and Petitioner's Counsel appearing telephonically, on p
W ·22 'said Hearing, the Honorable District Judge Earl H. Carroll,
23 Ordered that the Paetitioner's conviction is/was vacated.
24 Insofar and from the date of the Hearing to the present day
25 the Defendant/Petitioner has not heard anything from his
26 Appointed Counsel. although the Petitioner has previously
_ 27 submitted a letter of inquiry onto the attention of his Appo-
_ 28 inted Counsel, which the Counsel has not taken the courtesy
(1 )
Case 2:O4—cr—O1010-EHC Document 37 Filed O3/14/2007 Page 1 of 3

1 to provide the Petitioner with a reply, thus the Petitioner
2 is not aware, as to whether the Judge has ordered a Court ·“
3 Hearing in order for the Petitioner to be resentence.
A Thereby the Petitioner has taken the initiative to submit
5 a Petition/Request letter onto the attention of the Court
6 requesting the status of the Petitioner's case, only to find _
7 out that the Petitionerfs conviction has been vacated as of
8 August 17th, 2006. Thus the Petitioner is hereby requesting
9 information has to the status of the Petitioner's conviction
10 __.si;}c_eMh_is"sentenced has been ,xza*·;.:atedJ:hat.,~this.,.m¤¤n$e — ·— —·—-—~
Il Petitioner is being held at a Correctional Institution pen-
I2 ding resentencing, or is the Petitioner pending deportation
I3 procedings?????? Therefore the Petitioner is hereby respect£<
I4 fully requesting clarification of his present status, since
15 his sentenced/conviction has being vacated and the Petitione
' 16 has not been able to hear from his Appointed Counsel. if
17 I then pray that this Court could heed my plea and grant me `
18 information that am hereby requesting within this Petition.
19 _ _
20
21 Signed and dated this 11th day of March, 2007.
23
24
25 Respectfully submitted;
26 A e
27 J \/ {
28 Jose‘ . Efrain Jaimes Salgado
(2)
_ Case 2:O4—cr—O1010-EHC Document 37 Filed O3/14/2007 Page 2 of 3

CERTIFICATE OF SERVICE / OR MAILING
CASE NAME: United States of America VS,Jose E. Efrain Jaimes Salgado
CASE NUMBER: CR-O4-1010iPHX—EHC
I, the undersigned, herby affirmed that on this11th day of M¤f¤h i
2007 , I deposited in the recepticle for the United States mail
provided at this Institution for inmates, first class pre—paid
postage, in a sealed envelope and addressed to:
Clerk of the United States District Court N_r _ I ”m.. ..w,r.w
Sandra.Day.0KConner»— o·"“""" "C'
United States Courthouse, suite 130
401 W. Washington St., SPC-1
Phoenix, Arizona 85003-2118
a true and correct copy of the attached documentfs) identified as
follows:
PETITIONER REQUESTING THE STATUS AND OR RESENTENCING DATE
ON THE ABOVE CAPTIONED CASE
- ·In accordance with Houston V. Lack 437 U.S. 266 (1988) these documents
are deemed filed and served as of this date. Pursuant to 28 U.S.C.
§1746(2). I further declare under the penalty of perjury that the
foregoing is correct and true.
DATED;March 11th, 2007 » l A j J/ d—
AFF NT -
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