Opinion
No. CR 04-00317 WHA No. C 12-05836-WHA
03-25-2013
UNITED STATES OF AMERICA, Plaintiff, v. CHARLES EDWARD LEPP, Defendant.
ORDER REQUIRING RESPONSE
Defendant Charles Edward Lepp's Section 2255 motion, filed pro se, includes a claim that his counsel was constitutionally ineffective under Strickland v. Washington, 466 U.S. 668 (1984), in providing incorrect advice in connection with a plea offer. Defendant's statements in his motion and reply brief are not clear. To clarify, defendant Lepp must provide a sworn response under penalty of perjury to the following questions by A PRIL 23, 2013. In response to the below questions, defendant Lepp is requested to please provide the facts as best he recalls them and not to embellish with argument or irrelevant matters. Please provide the answers in the numerical order set forth below. 1. To the best of your recollection, state the date and terms of the verbal plea offer from the government, as referenced in the motion at page 20. State when you decided to reject the verbal plea offer. 2. Did any attorney provide advice upon which you based your decision to reject the verbal plea offer?
Yes ___________ No ___________3. If so, who?
David W. Fermino Dennis Julian Roberts4. State all of the advice that any attorney told you in connection with your decision to reject the verbal plea offer referenced in your motion. State the circumstances and approximate dates of each such communication with counsel. 5. Prior to your decision to reject the verbal plea offer, were you were told by any attorney, the judge, the government, or anyone else of the possible sentences you might face if you went to trial?
William McPike Harris Bruce Taback
J. Tony Serra Omar Figueroa
Shari Greenberger Shari Lynn White
Shawn Halbert Michael Hinckley
Editte Dalya Lerman Katherine Alfieri
Other (state name) ___________
Yes ___________ No ___________6. If yes, state everything that anyone told you, prior to your decision to reject the verbal plea offer, on the subject of potential sentences you might face if you went to trial. Include the name of the person (or, if unknown, description of the person's position or title) along with the circumstances and approximate date of each such communication. 7. Prior to the date you rejected the verbal plea offer, did anyone tell you or were you otherwise made aware that a mandatory minimum sentence might be possible in your case?
Yes ___________ No ___________8. Did Attorney Michael Hinckley ever advise you of the possible sentence you could face if convicted at trial?
Yes ___________ No ___________
If yes, when? ___________
IT IS SO ORDERED.
______________________
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE