United States v. Garcia-Herrera

Appellant Tizoc Chalchihutlaton Garcia-Herrera was charged with numerous counts relating to a drug conspiracy. He pled guilty to one count pursuant to a plea agreement in which he waived his right to appeal or challenge his conviction or sentence with respect to all claims but claims of ineffective assistance of counsel. The government dismissed the other counts. Appellant was sentenced to 151 months’ imprisonment, and he did not appeal. However, apparently dissatisfied with counsel, Appellant filed a pro se “Motion to Compel Former Attorney to Produce Record File/Work Product Material” in his closed criminal case. His motion demanded “all documents and work regarding his case.” He did not identify any potential substantive basis for relief, nor did he state he intended to file a motion for relief pursuant to 28 U.S.C. 2255. His only claim of motivation to seek the files was his need “to have even the slightest chance at proving any future claims.” The district court granted partial relief and directed defense counsel to provide Appellant with certain documents. Appellant appealed that order, claiming a right to all of the files. In response, the government argued that the district court lacked jurisdiction to grant any part of the motion and requested that this court vacate the district court’s order and remand with instructions to dismiss appellant’s motion for lack of jurisdiction. The Tenth Circuit agreed it and the district court lacked jurisdiction to grant appellant’s requested relief, and therefore vacated the order and remanded for dismissal. View "United States v. Garcia-Herrera" on Justia Law