USA v. Cedeno et al

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
UNITED STATES OF AMERICA, 	)
)
v. 	) 	CRIMINAL ACTION NO. 23-00022-KD
)
ARGENIS CARRION, 	)
)
Defendant. 	)
ORDER
This action is before the Court on Defendant Argenis Carrion’s Motion to File a Late Notice
of Appeal (doc. 264). Upon consideration, and for the reasons set forth herein, the Motion is
DISMISSED as MOOT.
Carrion was convicted and sentenced for violation of the Maritime Drug Law Enforcement
Act. He states that he filed a motion to vacate pursuant to 28 U.S.C. § 2255 in November 2023, and
“only recently became aware that the motion was denied.” He explains that he and his co-defendant
sent similar motions to vacate to the Court and the United States Attorney, but “he never received a
response” and “never received a Court Order” (doc. 264). Carrion states that by “pure
happenstance” he heard his co-defendant’s motion was denied, 1 and now, he assumes that his
motion was denied as well. Carrion points out that “he could not check the PACER system as he
does not have access to the Internet” and that “it is still not clear to [him] that his motion was
denied.” (Id.). Carrion states that “he is filing the attached Notice of Appeal in the event” that it was
denied. Carrion argues that his failure to timely file a notice of appeal was the result of excusable
neglect, and he should be allowed to file a notice of appeal.
1 Carrion’s co-defendant Randy Gajadhar filed a motion to vacate (doc. 239). His motion was dated
December 15, 2023. The United States filed its response (doc. 250) and Gajadhar replied in April
2024 (doc. 252). The motion remains pending before the Court.
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2
Review of the docket indicates that Carrion’s motion to vacate pursuant to 28 U.S.C. § 2255
was not docketed.2 As a result, the Court has not entered any order regarding Carrion’s § 2255
motion, and thus, there is no order from which to appeal. Accordingly, Carrion’s Motion for Leave
to file a Late Appeal is dismissed as moot.
DONE and ORDERED this the 23rd day of September 2024.
s / Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE
2 The Court did receive and docket Carrion’s a motion for reduction of sentence pursuant to 18
U.S.C. § 3582(c)(2). The motion was denied. Carrion’s appeal was dismissed for lack of
prosecution (doc. 261).
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