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U.S. v. Copeland

United States District Court, E.D. New York
Jun 13, 2002
01-CR-1453 (JBW) (E.D.N.Y. Jun. 13, 2002)

Opinion

01-CR-1453 (JBW)

June 13, 2002


MEMORANDUM AND ORDER


This case is next scheduled for a hearing on June 17, 2002.

To date, the parties have submitted minimal papers. They appear not to contain basic facts necessary for the resolution of the case.

At the hearing, the parties should provide the court with at least the following information:

1. Whether Mr. Copeland was convicted after trial in 1993 or if his conviction resulted from a voluntary guilty plea;
2. Whether Mr. Copeland actually appealed to the Board of Immigration Appeals or simply reserved his right to do so;
3. Whether the government wishes to supplement or contest any of the facts contained in the Motion to Dismiss submitted by the defense on March 28, 2002;
4. Government and criminal records indicating the total amount of prison time served by defendant;
5. Any other factual submissions which either party would like to make.

The parties should also provide the court with a transcript of all hearings before an immigration judge in this case, in order to determine whether claims were raised by the defendant, and in what manner he was instructed or informed at those hearings, as well as any records of any proceedings before the Board of Immigration Appeals.

The court has examined materials in a similar case, United States v. Romain (01 Cr. 987 (RR)), and found them helpful. The Romain case presents a similar set of facts and raises many of the same legal questions as this case. Specifically, the court has examined the Memorandum of Law in Support of Defendant's Motion to Dismiss Indictment (submitted April 1, 2001), the Memorandum of Law in Opposition to Defendant's Motion to Dismiss the Indictment, and the Transcript of Conference held on April 25, 2002 before Judge Raggi. If either party wishes to contest information found in these documents, they should inform the court.

SO ORDERED


Summaries of

U.S. v. Copeland

United States District Court, E.D. New York
Jun 13, 2002
01-CR-1453 (JBW) (E.D.N.Y. Jun. 13, 2002)
Case details for

U.S. v. Copeland

Case Details

Full title:UNITED STATES OF AMERICA, v. RICHARD COPELAND, Defendant

Court:United States District Court, E.D. New York

Date published: Jun 13, 2002

Citations

01-CR-1453 (JBW) (E.D.N.Y. Jun. 13, 2002)