USA v. Tucker et al, 1:16-cr-00091, No. 511 (S.D.N.Y. Mar. 21, 2023)

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USA v. Tucker et al, 1:16-cr-00091, No. 511 (S.D.N.Y. Mar. 21, 2023)

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Case 1:16-cr-00091-PKC Document 511 Filed 03/21/23 Page 1 of 2
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
`_____________________________________x
`UNITED STATES OF AMERICA,
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`
`
`-against-
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` 16 Cr. 91 (PKC)
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` ORDER
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`TIMOTHY MUIR,
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`
`
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`Defendants.
`___________________________________x
`CASTEL, U.S.D.J.
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`In a letter dated March 13, 2023 (ECF 509), Timothy Muir advises that he is in
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`
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`the custody of the United States Immigration and Customs Enforcement in anticipation of his
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`removal from the United States following the completion of his term of imprisonment. He also
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`asserts that he has not had access to his legal materials since late January 2023.
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`The government shall cause to be delivered to Mr. Muir his section 2255 motion,
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`associated orders and correspondence, including the Attorney-Client Privilege Waiver (Informed
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`Consent)” form (ECF 493, 498, 499, 500, 501), together with a copy of this Order, within 14
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`days of the date of this Order. The government shall file a declaration attesting to its compliance
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`with this provision.
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`IF MR. MUIR WISHES TO PURSUE HIS SECTION 2255 MOTION, HE
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`SHALL CAUSE A FULLY EXECUTED “ATTORNEY-CLIENT PRIVILEGE WAIVER
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`(INFORMED CONSENT)” FORM TO BE FILED WITH THE COURT BY JUNE 2,
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`2023. IF MR. MUIR DOES NOT RETURN A FULLY EXECUTED “ATTORNEY-
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`CLIENT PRIVILEGE WAIVER (INFORMED CONSENT)” FORM TO BE FILED BY
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`JUNE 2, THE SECTION 2255 MOTION WILL BE DEEMED ABANDONED AND
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`DENIED.
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` Mailed to Mr. Muir 3/21/2023
`
`

`Case 1:16-cr-00091-PKC Document 511 Filed 03/21/23 Page 2 of 2
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`2
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`If Mr. Muir does cause the waiver form to be filed, then the government’s
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`response is due 45 days after filing and any reply by Mr. Muir 30 days after the government’s
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`filing.
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`SO ORDERED.
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`Dated: New York, New York
` March 21, 2023
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`
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`
`

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