Russo v. United States

• Court: District Court, D. Nevada
• Decided: May 26, 2020
• Docket: 2:20-cv-00697
• Status: Unknown

Opinion

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

7 UNITED STATES OF AMERICA, Case No. 2:17-CR-243 JCM (NJK)

8 Plaintiff(s), ORDER

9 v.

10 GUISEPPE RUSSO,

11 Defendant(s).

12 13 Presently before the court is the matter of United States of America v. Russo, case no. 2:17- 14 cr-00243-JCM-NJK. Guiseppe Russo (“petitioner”) filed a motion to vacate, set aside, or correct 15 sentence under 28 U.S.C. § 2255. (ECF No. 52). The court has examined the petition, which 16 requests the court vacate his conviction and dismiss his indictment pursuant to the Supreme 17 Court’s decision in Rehaif v. United States, 139 S. Ct. 2191 (2019). Id. 18 The court finds that further briefing is appropriate. The United States of America 19 (“respondent”) shall file a response within twenty-one days from the date of this order. Thereafter, 20 petitioner will have fourteen days to file a reply. 21 Accordingly, 22 IT IS HEREBY ORDERED that respondent shall file a response to petitioner’s motion to 23 vacate, set aside, or correct sentence (ECF No. 52) no later than twenty-one (21) days from the 24 date of this order. If respondent files a response, petitioner’s reply is due fourteen (14) days 25 thereafter. 26 . . . 27 . . . 28 . . . 1 The clerk is instructed to file this order in the instant matter and in the related civil case, no. 2:20-cv-00697-JCM. 3 DATED May 26, 2020. A J a itas C. Aalan 5 UNITED'STATES DISTRICT JUDGE 6 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-