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United States v. Sanchez

United States District Court, D. Kansas

February 11, 2015

UNITED STATES OF AMERICA, Plaintiff,
v.
RICHARD A. SANCHEZ, Defendant.

ORDER

JULIE A. ROBINSON, District Judge.

This matter is before the Court on Defendant's Motion requesting a copy of a CD/Rom exhibit from his trial (Doc. 105). Defendant states that he is requesting the exhibit "so I may continue with legal issues and avenues associated with my case on appeal." The Court notes, however, that Defendant filed a direct appeal of his conviction to the Tenth Circuit Court of Appeals, which affirmed his conviction on possession of methamphetamine charges after a jury trial.[1] The Court further notes that Defendant has not filed a motion under 28 U.S.C. § 2255. Should Defendant timely file a motion under § 2255, his request for discovery will be governed by Rules Governing § 2255 cases. Under Rule 6(a), Defendant will need to show good cause for discovery and the granting of discovery is at the discretion of the court.[2] Because Defendant has yet to file a motion under § 2255, he is not entitled to the requested discovery materials at this time, and his request is DENIED without prejudice.

IT IS SO ORDERED.


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