Opinion
13 Cr. 869-1 (KPF)
03-14-2022
UNITED STATES OF AMERICA v. EDWIN VAZQUEZ, Defendant.
ORDER
KATHERINE POLK FAILLA, UNITED STATES DISTRICT JUDGE
On March 1, 2022, the Court received a letter from Defendant Edwin Vazquez seeking information regarding filing a motion under 28 U.S.C. § 2255 to vacate, set aside, or correct his sentence. A copy of the instructions for filing such a motion is enclosed along with this Order.
The Court has decided not to post Mr. Vazquez's letter on the public docket, as it contains information that is likely protected by the attorney-client privilege. The Court has not reviewed any of the potentially privileged information contained in this letter. Mr. Vazquez should be advised that if he wishes to file a Section 2255 motion on the basis that he received ineffective assistance of counsel, the law requires him to waive the attorney-client privilege involving the attorneys he alleges were ineffective. As part of the briefing on a Section 2255 motion resting on claims of ineffective assistance of counsel, Mr. Vazquez should know that the Court will require sworn testimonial statements from the implicated attorneys.
The Clerk of Court is directed to mail a copy of this Order and appended materials to Mr. Vazquez at the following address:
Edwin Vazquez (Reg. No. 65285-019)
FCI McDowell
Federal Correctional Institution
P.O. Box 1009
Welch, W.V. 24801
SO ORDERED.