Fesolai v. United States

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 * * *

7 UNITED STATES OF AMERICA, Case No. 2:17-CR-74 JCM (NJK)

8 Plaintiff(s), ORDER

9 v.

10 DERECK VINCENT FESOLAI,

11 Defendant(s).

12 13 Presently before the court is the matter of United States of America v. Fesolai, case no. 14 2:17-cr-00074-JCM-NJK-1. Petitioner Dereck Vincent Fesolai (“petitioner”) filed a motion to 15 vacate, set aside, or correct sentence under 28 U.S.C. § 2255. (ECF No. 51). The court has 16 examined the petition and finds that further briefing may be appropriate, particularly in light of 17 the Supreme Court’s decision in Rehaif v. United States, 139 S. Ct. 2191 (2019). 18 However, petitioner indicates that “a brief in support of [the instant] motion is attached.” 19 (ECF No. 51). No such brief was attached. See id. Without that brief, nothing but threadbare 20 allegations of ineffective assistance of counsel and a cursory argument under Rehaif are before 21 the court. Consequently, the court will deny petitioner’s motion without prejudice. Petitioner 22 may refile his petition with a brief attached. 23 Accordingly, 24 IT IS HEREBY ORDERED that petitioner’s motion to vacate, set aside, or correct 25 sentence under 28 U.S.C. § 2255 (ECF No. 51) be, and the same is, DISMISSED without 26 prejudice. 27 . . . 28 1 IT IS SO ORDERED. 2 The clerk is instructed to file this order in the instant matter and in the related civil case, 3 | no. 2:19-cv-01931-JCM. 4 DATED November 22, 2019. 5 ME itas C. Aalan 6 UNITED,STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

es C. Mahan District Judge _2-