United States District Court, D. Hawaii
ORDER DIRECTING THE GOVERNMENT TO INFORM THE COURT BY
MONDAY, APRIL 30, 2018, IF IT SEEKS AN EVIDENTIARY HEARING OR
ELECTS NOT TO OPPOSE PETITIONER LUKE WARNER'S MOTION TO
VACATE, SET ASIDE OR CORRECT SENTENCE PURSUANT TO 28 U.S.C.
§ 2255 (ECF NO. 83)
Gillmor, United States District Judge
February 1, 2018, Petitioner Luke Warner filed a Motion to
Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C.
§ 2255. (ECF No. 83). Petitioner challenges his
sentence, stating his attorney provided ineffective
assistance of counsel by failing to file a notice of appeal.
Petitioner also makes numerous other arguments challenging
Court directs the Government to inform the Court on or before
Monday, April 30, 2018, if (1) it seeks an
evidentiary hearing, or (2) it elects not to oppose
Petitioner Warner's Section 2255 Petition and instead
agrees to allow him to proceed on appeal.
17, 2014, the Government filed an Information, charging
Petitioner Luke Warner with one count of conspiracy to
possess with intent to distribute 500 grams or more of
methamphetamine in violation of 21 U.S.C. §§
841(a)(1), 841(b)(1)(A). (ECF No. 1).
24, 2017, Petitioner Warner waived Indictment (ECF No. 10)
and Consented to a Rule 11 Plea in a Felony Case Before a
United States Magistrate Judge. (ECF No. 11). Petitioner pled
guilty to the one count in the Information pursuant to a
Memorandum of Plea Agreement. (ECF Nos. 8, 12).
August 11, 2014, the District Court issued an ACCEPTANCE OF
PLEA OF GUILTY, ADJUDICATION OF GUILT AND NOTICE OF
SENTENCING. (ECF No. 17).
March 12, 2015, the Court held a sentencing hearing.
Petitioner was sentenced to 120 months imprisonment and ten
years of supervised release. (ECF No. 27). Mittimus was
stayed until May 26, 2015. (Id. at p. 3; Judgment at
p. 2, ECF No. 31).
March 23, 2015, the Magistrate Judge issued a STIPULATION TO
ALLOW TRAVEL AND ORDER. (ECF No. 30).
April 3, 2015, Judgment was entered. (ECF No. 31).
April 16, 2015, the Magistrate Judge issued an Amended
Stipulation and Order Allowing Defendant To Travel. (ECF No.
April 24, 2015, a Petition For Action and a No. Bail Warrant
were issued. (ECF Nos. 35, 36).
26, 2015, Petitioner Warner failed to report to the Bureau of
Prisons to being serving his sentence.
a year later, on April 17, 2016, Petitioner was arrested in
the Southern District of Florida pursuant to the No. Bail
Warrant. (ECF Nos. 39, 47).
14, 2016, an Order To Show Cause Why Pretrial Release Should
Not Be Revoked hearing was held. (ECF No. 48). Defendant was
found to have violated the terms of pretrial release and to
have failed to report on May 26, 2015 to begin serving his
sentence of 120 ...