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United States v. Aguiar

United States District Court, D. Columbia.

February 27, 2015

UNITED STATES OF AMERICA,
v.
CARLOS AGUIAR, Defendant

MIGUEL MORROW, also known as JULIO, Defendant (1:04-cr-00355), Pro se, INEZ, KY.

For MIGUEL MORROW, also known as JULIO, Defendant (1:04-cr-00355): Joanne Roney Hepworth, LEAD ATTORNEY, HEPWORTH & PENDRY, Washington, DC; Robert Saul Becker, LEAD ATTORNEY, LAW OFFICES OF ROBERT S. BECKER, Washington, DC.

For LIONEL STODDARD, also known as OOKS, Defendant (1:04-cr-00355): Edward Charles Sussman, LEAD ATTORNEY, LAW OFFICES OF EDWARD C. SUSSMAN, Washington, DC; Robert Saul Becker, LEAD ATTORNEY, LAW OFFICES OF ROBERT S. BECKER, Washington, DC; William Gregory Spencer, LEAD ATTORNEY, FEDERAL PUBLIC DEFENDER FOR D.C., Washington, DC.

CARLOS AGUIAR, also known as LOS, Defendant (1:04-cr-00355), Pro se, WAYMART, PA.

For CARLOS AGUIAR, also known as LOS, Defendant (1:04-cr-00355): Robert Saul Becker, LEAD ATTORNEY, LAW OFFICES OF ROBERT S. BECKER, Washington, DC; Tony L. Booker, LEAD ATTORNEY, Arlington, VA.

For OMAR HOLMES, also known as O, Defendant (1:04-cr-00355): H. Heather Shaner, LEAD ATTORNEY, LAW OFFICES OF H. HEATHER SHANER, Washington, DC.

BRYAN BURWELL, also known as BUSH, Defendant (1:04-cr-00355), Pro se, OTISVILLE, NY.

For BRYAN BURWELL, also known as BUSH, Defendant (1:04-cr-00355): Anthony Douglas Martin, LEAD ATTORNEY, ANTHONY D MARTIN, PC, Greenbelt, MD; Robert Saul Becker, LEAD ATTORNEY, LAW OFFICES OF ROBERT S. BECKER, Washington, DC.

For AARON PERKINS, also known as SHORT, Defendant (1:04-cr-00355): Robert Saul Becker, LEAD ATTORNEY, LAW OFFICES OF ROBERT S. BECKER, Washington, DC; Cynthia Katkish, Cynthia Katkish Attorney at Law, Washington, DC.

For GUIDEL OLIVARES, Defendant (1:04-cr-00355): A. Eduardo Balarezo, LEAD ATTORNEY, BALAREZO LAW, Washington, DC; Leta Adia McCollough, LEAD ATTORNEY, FEDERAL PUBLIC DEFENDER FOR D.C., Washington, DC.

For MALVIN PALMER, also known as OMAR ANDERSON, also known as MELLOW, Defendant (1:04-cr-00355): Atiq Rahman Ahmed, LEAD ATTORNEY, ATIQ R. AHMED, ESQUIRE, Washington, DC; Robert Saul Becker, LEAD ATTORNEY, LAW OFFICES OF ROBERT S. BECKER, Washington, DC.

For USA, Plaintiff (1:04-cr-00355): Barbara E. Kittay, LEAD ATTORNEY, BARBARA E. KITTAY, ESQUIRE, Rockville, MD; Daniel Pearce Butler, LEAD ATTORNEY, U.S. DEPARTMENT OF JUSTICE, Fraud Section, Criminal Division, Washington, DC; Thomas Anthony Quinn, LEAD ATTORNEY, U.S. ATTORNEY'S OFFICE, Washington, DC.

CARLOS AGUIAR, Petitioner (1:12-cv-01553), Pro se.

MEMORANDUM OPINION

COLLEEN KOLLAR-KOTELLY, UNITED STATES DISTRICT JUDGE.

Presently before the Court is Carlos Aguiar's [867] Traverse to the Government's Answer under 28 U.S.C. § 2255 Motion to Dismiss or Alternative Request for Summary Judgment (" Traverse" ) received in chambers on February 25, 2015, which the Court shall treat as a motion for reconsideration of its [862] February 12, 2015, Order denying Aguiar's Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255 for the reasons described herein. Upon a searching

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review of Aguiar's motion, the relevant legal authorities, and the record as a whole, the Court finds no grounds to disturb its [862] Order denying Aguiar's Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255 and accompanying [863] Memorandum Opinion. Accordingly, the Court shall DENY Aguiar's [867] Traverse to the Government's Answer under 28 U.S.C. § 2255 Motion to Dismiss or Alternative Request for Summary Judgment which the Court is treating as motion for reconsideration. In addressing the instant motion, the Court has focused on the narrow issues raised by Aguiar in his motion for reconsideration and shall not readdress the other issues discussed in its February 12, 2015, Memorandum Opinion.

On December 16, 2014, the Court issued an [847] Order directing the government to file a supplemental brief to its [804] Memorandum in Opposition to Aguiar's § 2255 Motion responding to specific questions regarding a plea offer that was placed on the record during a status hearing held in this matter on January 31, 2005. On January 14, 2015, the government filed its [852] response to that Order as directed. On February 12, 2015, this Court issued an [862] Order denying Aguiar's § 2255 motion along with an accompanying [863] Memorandum Opinion based on the record before it. See Memo. Op. (Feb. 12, 2015), at 2 n.1, ECF No. [862]. Aguiar's Traverse was received in the Clerk's Office on February 9, 2015, but was mistakenly forwarded by the Clerk's Office to the U.S. Probation Office rather than to the Court. The error was discovered, and the Traverse was entered in ECF and first received in chambers on February 25, 2015. Accordingly, it was not considered by the Court in its February 12, 2015, decision. The Court notes that Aguiar's Traverse was submitted in response to the government's [852] response to the Court's order requesting specific information regarding the plea offer extended to Aguiar.[1] The Court did not request a response to that document from ...


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