—— *"LE¤ __w__ Loosen
( ___RECE|\./ED ____c©;>Y
1' Carlos Verdugo Zazueta 81137-008
sci Lompoc . AUG 2 3 ZDU6
2 3600 Guard Road _ ‘
Lompoc , California 93436 CLRHMU s_onsTe¤or coun?
3 gy Db!WCTUFA{yOMA
H ____ ,;;;;;i,;;,; y DEPUTY
ln Pro Se. w"` I "`C ‘i’` “··~~
4,
l
6 IN THE UNITED STATES DISTRICT COURT
7 _ FOR THE DISTRICT OF ARIZONA
8
United States of America, )
9 ) Case Number: CR 03-0942-PHX
10 Plaintiff, g SMH
vs ) = Case Number CV 05-1924-PHX-SWH J
11 g (m;A)
12 . _ . .
Carlos V€rdug0_ZaZu€ta’ g Motion for Re Consideration
13
Defendant/Movant. g
14 )
15 __*___F___#-__*-__—___*__—__-_— ‘
A 16 _ _ I
Carlos Verdugo—Zazueta ("Movant"), presently confined in the
17
Federal Correctional Institution in Lompoc, California, request
18
that a reconsideration Motion be entered with regards to the
19
ORDER of United States District Court Judge Stephen M. McNamee
20
ated June 21, 2006. ·
21
22 Defendant/Movant filed his 2255 Motion without the assistance
23 f an attorney. Defendant/Movant has been without any legal
24 ssistance since he was sentenced. A lackadaisical Lawyer contri-
25 uted to his sentence. The colloquy during Movant's Plea Bargain _ ‘
26 as never understood, he was told/adyised to say "YES" to all of
27 he questions that were being asked of him by the court. It is
28 bvious that this Dialogue, as quick and routinely covered during
_ énagle 1 _ "
Ca e2.03—cr—00942—SI\AI\A-—I\AEA Docum nt 00 Fnled 08/23/2006 Page1 of3
--——————----------¤¤¤nnn¤¤n¤nnnuInnlllllllllllllllllllll
I 1 I Movant's Plea Bargain could not have been comprehended by the
2 Movant. Movant does not understand very much english and as had
3 to ask other inmates to assist/read whatever legal documents,
4E and that Movant should have sent in this Reconsideration Motion
sn right after Movant received the ORDER from District Court Judge
6 McNamee.
7 However, because of these reasons, Movant request that this
8 Honorable court consider that time that Movant took to send this
9 Motion of Re—consideration to the court. Movant's constitutional
10 rights were violated because his right to Appeal was lost because
11 of the Lackadaisical Attorney. His Constitutional Right to have
12 effective assistance of counsel was also violated.
13 Therefore, Defendant/Movant request a reconsideration hearing
14 in this matter and that Defendant/Movant be allowed to have an
15 evidentiary hearing that is necessary to determine if indeed he
l 16 was fully aware that he was absolutely positive that he was not
12 going to be able to have any Appeal right after pleading guilty.
18 Plea Agreements are "Contractual" in nature, and yes, their
19 Plain Language is generally understood by the Court, the A.U.S.A
20 and sometimes by the Defendant`s Attorney, but even with an
21 interpreter from Mexico, the defendant is lost in the colloquy
22 as much is the interpreter lost because they are not schooled
23 attorneys. That the Defendant/Movant knew that he was "PLEADING
24 GUlLTY" there was not any doubt about that. But there was is a
25 "DOUBT" that he was aware that there would not be any Direct
26 Appeal. H
27 q Respectfully Submitted,
28 Dated this 21st day of August, 2006 g4Qvi0$g/'ffdd EQ g,
C se 2:03—cr—0094.2—SI\/II\/I-—I\/IEA Dmngven2100 Filed 08/23/2006 Page2of3
, CERTIFICATE OF SERVICE
I
I, Carlos Verdugo-Zazueta , hereby certify than I have served a
U true and correct copy of the following documents(s); l
Motion for Re—consideration ‘
which is deemed filed at the time it was delivered to the prison
authorities for forwarding, SEE HOUSTON vs. LACK, 487 U.S. 266, 101
;,_Ed_2d 245 (1988}, to the Clerk, U.S. Dist. Ct, and his/her attorney
of record, by placing the above mentioned document(s) in a sealed,
g prepaid postage envelope addressed to: United States District Court
Clerk of the Court .
Sandra Day·0°connor U.S. Courthouse
· I e · t 401 W. Washington St., SPC—1
Phoenix, Arizona 85003_2118 .
and deposited in the same in the United States Postal Mail, at the
United States Federal Correctional Institution, located at Lompoc,
California, on this day of , 2006 . I
I declare under penalty of perjury-that the foregoing is true and
correct, (28 U.S.C. § 1746). .
Executed on this -9xI day of A, 2006 . l
6,3-,1,,5 ggcvciuga ;,g;a€¥4 4 I .. -
Name:Carlos Verdugo Zazueta I A
Registration Number:81]37»093 ‘
Federal Correctional Institution ' _
l 3600 Guard Road _ ~
Lompoc, CA 93436-2705 _ ' I
{CERTIFICATE OF SERVICE)
’ Case 2:O3—cf—OO942—SI\AI\A-—I\/IEA D0cument1OO FiIedéO8/23/2006 Page3of3 (
,__;———wr 7 ·
Case 2:03-cr-00942-SMM--MEA
Document 100
Filed 08/23/2006
Page 1 of 3
Case 2:03-cr-00942-SMM--MEA
Document 100
Filed 08/23/2006
Page 2 of 3
Case 2:03-cr-00942-SMM--MEA
Document 100
Filed 08/23/2006
Page 3 of 3
United States Free Forms
Canada Free Forms
United Kingdom Free Forms
Australia Free Forms