Opinion
Crim. No. 3:02-CR-128-5 Civil No. 3:09-cv-132
01-03-2012
UNITED STATES OF AMERICA, Plaintiff-Respondent, v. JOSE MORAN OCEGUEDA, Defendant-Movant.
HON. W.J. HAYNES , JR. MAG
MOTION FOR RECONSIDERATION F.R.Civ.P. 59(e)
COMES NOW DEFENDANT-MOVANT Jose Moran Ocegueda, and respectfully moves this HONORABLE COURT to reconsider the denial of. The grounds for this motion hereinafter more fully appear.
1. ) The Court unlawfully denied evidentiary hearing because factual disputes existed which could not be determined from the "files and records of the case".
2. ) The Court unlawfully relied on the Court of Appeals' decision for facts in this case. The gravamen of Mr. Ocegueda's Section 2255 motion was that the facts were unconstitutionally presented due to ineffective assistance of counsel in the pretrial, trial, sentencing and direct appeal process in the case.