I received notice that on Nov. 30th, in the case of Jose Casiano-Jiminez, the First Circuit Court of Appeals vacated the Puerto Rican district court’s denial of Mr. Casiano’s §2255 and has returned the matter to the district court with instructions to permit Mr. Casiano’s testimony and evidence of factual innocence. This should lead to a new trial and dismissal of the charges. At worst Mr. Casiano can return home a decade early. His is the first of the Marine Drug Law Enforcement Act cases in which I have been able to get ruling. More are coming. This case was commenced in the summer of 2010, we lost before the magistrate, we lost before the district court, we lost on reconsideration, we won a certificate of appealability, were able to get counsel appointed to handle appellate briefing and oral arguments, and now success. A couple more rounds to victory. The wheels of justice do grind slowly.
Approximately 14 months ago I started helping Raul Herrera with his cases. Raul was wrongfully convicted of an attempted murder in Texas about 20 years ago; today we received the order from the Texas Court of Criminal Appeals setting aside …the conviction. See NO. AP-76556.
The consequence of this judgment is to render Raul factually innocent of illegal reentry and very shortly the Federal conviction and deportation order will be vacated as well.
Raul was raised in El Paso from the age of 2 and never got into any trouble until he was misinformed about what an eyewitness heard. Raul was told that the witness heard him say “shoot”, when the witness actually claims Raul said “do not shoot”. If this had been known Raul, only age 19 at the time, would not have pled guilty. Notably, Raul consistently maintained his innocence this entire time.
Jason T Lowery
IT IS THEREFORE RECOMMENDED that Petitioner’s Motion Vacate, Set Aside or Correct Sentence [Doc. #44] be GRANTED, that the Judgment [Doc. #27] be VACATED, and that Count 1 of the Indictment [Doc. #1] be DISMISSED.
See JTLowery Recommendation.
Perry Jerome Chrisco
On July 2, 2013, the United States Magistrate Judge’s Recommendation was filed and notice was served on the parties pursuant to 28 U.S.C. § 636. No objections to the Recommendation were filed within the time limit set out in 28 U.S.C. § 636, and electronic notice was given that no objections would be filed (see July 22, 2013 docket entry). Therefore, the Court need not make a de novo review and the Magistrate Judge’s Recommendation [Doc. #45] is hereby adopted.
See PJChrisco Order.
Examples of Successful Cases from 2010-2012
FLA-Examples of Successful Cases from 2010-2012