Free Motion to Amend/Correct - District Court of Arizona - Arizona

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Petitioner: José Luis Lopez, Reg. No. 45730- 08·HECEVH] ‘_“COPY
Address: Federal Correctional Institution FEB 27 mms
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IN THE UNITED STATES DISTRICT COURT
IN AND FOR
THE DISTRICT OF ARIZONA
United States of America, ) Case Nos.
Plaintiff—Respondent, ) CR—01-0077-PHX-SRB—(JCG)
v. ) CV—04—0876—PHX—SRB-(JCG)
José Luis Lépez, ) PETITIONER'S REQUEST FOR
Respondent—Defendant. ) LEAVE TO AMMEND HIS
) MOTION TO VACATE
) SET ASIDE, OR CORRECT
) SENTENCE- 28 U.S.C.A. § 2255

COMES NOW the petitioner, José Luis Lopez, pro se,
pursuant to Fed. R. Civ. P. I5(a), and moves this Honorable
Court for leave to ammend the “Motion to Vacate, Set Aside,
or Correct Sentence pursuant to 28 U.S.C.A. § 2255," filed on
August 30, 2004.
The specific ammendment petitioner would like to make
is as follows:
Case 2:O1—cr—OOO77—SRB Document 166 Filed O2/27/2006 Page1 0f3

GROUND FIVE. AN INTERVENING CHANGE IN THE LAW OCCURRED,
CONTEMPORANEOUSLY TO José LUIS LOPEZ TRIAL, REQUIRING JUROR'S
CONSIDERATION OF SENTENCE FACED BY A DEFENDANT WHEN THE
STATUTORY SENTENCING RANGE IS BEING ENHANCED.
He would like to ammend it to read as follows:
GROUND FIVE: UNDER THE RULE ANNOUNCED IN _APPRENDI V. NEW
JERSEY_, WHICH WAS IN EFFECT DURING PETITIONER'S TRIAL, THE
GRAND JURY WAS REQUIRED TO CONSIDER ANY STATUTORY AGGRAVATOR;
SUCH AS 21 U.S.C. § 851.
In support of his request for the Court's leave to
ammend, petitioner submits the relief allowed under Rules
5(b) and 7 of the Rules Governing Section 2255 Proceedings.
More specifically, he urges the Court to find that his
motions requesting a copy of the government's response were
not addressed until recently (EXH A), therefore, it was not
until that time that he received a copy of the government's
response.
Allowing petitioner to ammend the motion and resubmit
his arguments under the ammended version, will promote the
ends of justice in that it will allow him to clarify his
position, as to this ground, and narrow the scope of his
argument into a more specific and coherent one.
A Moreover, this Court may also find that the delay in
filing for this request for amendment is reasonable and
nonprejudicial to the government, and in consistency with the
reasoning found within the Advisory Committee Notes to Rule 9
Case 2:01 —cr—OOO77—SRB Document 166 Filed O2/27/2006 Page 2 of 3

of § 2255 Proceedings. Hence, for the reasons stated above,
the relief sought herein may be afforded to petitioner.
Respectfully submitted,
José Luis Lopez, Pro se
CERTIFICATE OF SERVICE
I The petitioner, José Luis Lopez, pro se, hereby
certifies that a true and correct copy of the foregoing
"Petitioner's Answer To Government's Opposition To His Motion
To Vacate, Set Aside, Or Correct Sentence Pursuant To 28
U.S.C.A. § 2255," has been served upon the respondent by
placing said copy in a sealed envelope, with sufficient first-
class postage affixed thereto, addressed to: Timothy T. Duax,
AUSA, Two Renaissance Square, 40 North Central Avenue,
_ Phoenix, AZ, 85004-440B, and by depositing such in the United
States Postal Service on this 24th day of February, 2006.
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José Luis Lopez, Pro se
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