Russo v. United States

4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 * * * UNITED STATES OF AMERICA, Case No. 2:17-CR-243 JCM (NJK) 8 Plaintiff(s), ORDER 9 v. GUISEPPE RUSSO, 11 Defendant(s).

13 Presently before the court is the matter of United States of America v. Russo, case no. 2:17- cr-00243-JCM-NJK. Guiseppe Russo (“petitioner”) filed a motion to vacate, set aside, or correct sentence under 28 U.S.C. § 2255. (ECF No. 52). The court has examined the petition, which requests the court vacate his conviction and dismiss his indictment pursuant to the Supreme Court’s decision in Rehaif v. United States, 139 S. Ct. 2191 (2019). Id. 18 The court finds that further briefing is appropriate. The United States of America (“respondent”) shall file a response within twenty-one days from the date of this order. Thereafter, petitioner will have fourteen days to file a reply.

21 Accordingly, 22 IT IS HEREBY ORDERED that respondent shall file a response to petitioner’s motion to vacate, set aside, or correct sentence (ECF No. 52) no later than twenty-one (21) days from the date of this order. If respondent files a response, petitioner’s reply is due fourteen (14) days thereafter.

26 . . .

27 . . .

28 . . .

1 The clerk is instructed to file this order in the instant matter and in the related civil case, no. 2:20-cv-00697-JCM.

3 DATED May 26, 2020.

A J a itas C. Aalan 5 UNITED'STATES DISTRICT JUDGE es C. Mahan District Judge _2-