United States District Court, M.D. Pennsylvania
Christopher C. Conner, United States District Court Chief
NOW, this 17th day of May, 2018, upon
consideration of the motion (Doc. 41) to vacate, set aside,
or correct the sentence imposed by this court on July 27,
2017, filed by defendant Angel Luis Carrasco-Rivera
("Carrasco-Rivera"), and it appearing that
Carrasco-Rivera seeks relief under 28 U.S.C. § 2255 on
the ground that his sentence was imposed in violation of the
Constitution, see id. § 2255(a), and that the
motion was filed within the prescribed one-year limitations
period,  Id. § 2255(f); R. Governing
§ 2255 Cases R. 4(b), but that construing and ruling
upon the motion under 28 U.S.C. § 2255 may preclude
Carrasco-Rivera from filing a second or successive motion for
relief, see id. § 2255(h), and that as a matter
of good practice district courts should notify pro
se habeas defendants of the ramifications of
construction of post-conviction motions pursuant to Section
2255, see United States v. Miller. 197 F.3d 644, 651
(3d Cir. 1999); but cf. Pliler v. Ford. 542 U.S.
225, 231-32 (2004); United States v. Perry, 142
Fed.Appx. 610, 613 (3d Cir. 2005), it is hereby ORDERED that:
1. Carrasco-Rivera is GRANTED leave to elect, on or before
Friday, June 15, 2018, to withdraw the motion (Doc. 41) to
vacate, set aside, or correct sentence or to have the motion
construed and ruled upon under 28 U.S.C. § 2255.
2. On or before Friday, June 15, 2018,
Carrasco-Rivera shall file the attached election form with
the court, indicating an election to withdraw the motion or
to have the motion construed and ruled upon under 28 U.S.C.
3. Failure to comply with this order will result in the
motion being construed and ruled upon under 28 U.S.C. §
have filed a post-conviction motion seeking relief from a
judgment of sentence. You must elect whether you would prefer
that the court construe and rule upon your motion under 28
U.S.C. § 2255 or whether you would prefer to withdraw
elect to have your motion construed and ruled upon as one
under 28 U.S.C. § 2255, you may lose your right to file
second or successive motions to correct or vacate your
sentence, even if those motions raise claims not presented in
the motion currently before the court. Federal law grants
defendants the right to file one motion under 28
U.S.C. § 2255 to correct or vacate a sentence.
Defendants are not allowed to file second or successive
motions under 28 U.S.C. § 2255 without approval from the
appropriate court of appeals. This approval is available only
in limited circumstances, as outlined in 28 U.S.C. §
2255. As such, if the court construes and rules upon your
motion under 28 U.S.C. § 2255, you may lose your right
to file second or successive motions raising other grounds
court will give you two options to proceed. You may elect (1)
to have your motion construed and ruled upon under 28 U.S.C.
§ 2255 or (2) to withdraw your motion with the intent of
filing an all-inclusive motion under 28 U.S.C. § 2255,
raising all grounds for relief, on or before Friday,
August 3, 2018. You should consult 28 U.S.C. §
2255 for more information on the availability and nature of
relief under this provision.
will be given until Friday, June 15, 2018,
to return the attached election form to the court. If this
form is not completed and filed within this period, the court
will construe and rule upon your motion under 28 U.S.C.
§ 2255. Your election on this form, or your failure to
make an election, will be binding upon you.
you have reviewed this notice and the appropriate provisions,
print your name in the space provided and choose one of the
options listed in the form. Then sign and date the form and
file the completed form with the court on or before
Friday, June 15, 2018.
defendant in the above-captioned case, have read the notice
of election in its ...