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United States v. Ghilarducci

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
Mar 8, 2013
No. C 10-00056 CRB (N.D. Cal. Mar. 8, 2013)

Opinion

No. C 10-00056 CRB

03-08-2013

UNITED STATES, Plaintiff, v. RICHARD GHILARDUCCI, Defendant.


ORDER REQUIRING

SUPPLEMENTAL BRIEFING

Petitioner Richard Ghilarducci has filed a habeas petition pursuant to 28 U.S.C. § 2255, in which he alleges prosecutorial misconduct and ineffective assistance of counsel in connection with his sentencing. See generally Pet. (dkt. 51). Petitioner asks the Court to conduct an evidentiary hearing and to correct his sentence. See Reply (dkt. 70) at 11. The Petition initially included claims challenging Petitioner's restitution order, but Petitioner explicitly dropped those claims in his Reply brief. See id. at 3. The government has opposed, but its opposition was focused largely on the restitution-based claims. See generally Opp'n (dkt. 65).

The Court therefore ORDERS the government to file by March 22, 2013 a supplemental brief, of no more than 15 pages, addressing Petitioner's ineffective assistance of counsel claim. Petitioner may then file by April 5, 2013 a response to that filing, should he wish to do so, also of no more than 15 pages. The Court further finds that Petitioner has waived the attorney-client privilege as to his ineffective assistance of counsel claim.

IT IS SO ORDERED.

_________________________________

CHARLES R. BREYER

UNITED STATES DISTRICT JUDGE


Summaries of

United States v. Ghilarducci

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
Mar 8, 2013
No. C 10-00056 CRB (N.D. Cal. Mar. 8, 2013)
Case details for

United States v. Ghilarducci

Case Details

Full title:UNITED STATES, Plaintiff, v. RICHARD GHILARDUCCI, Defendant.

Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Date published: Mar 8, 2013

Citations

No. C 10-00056 CRB (N.D. Cal. Mar. 8, 2013)