USA v. Lnu et al

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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA,
Respondent,
v.
ELIAS HERNANDEZ-VALENCIA,
Movant.
No. 2:18-CR-0164-KJM SCR
ORDER
Movant is a federal prisoner proceeding through appointed counsel with a motion to
vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. In light of the parties’
representations made at the November 13, 2025 status conference, the court hereby sets this
matter for an evidentiary hearing limited to claim one of movant’s amended § 2255 motion on
February 3, 2026 at 9:00 a.m. in Courtroom 27.
The parties may, but are not required, to file briefs in advance of the evidentiary hearing
addressing both prongs of Strickland v. Washington, 466 U.S. 668 (1984), in light of movant’s
claim that his defense attorney advised him that his maximum sentencing exposure was 16 years
in prison resulting in an unknowing and involuntary guilty plea. Either party may file an
evidentiary hearing brief no later than January 13, 2026. The Court will discuss post-hearing
briefing with the parties at the conclusion of the evidentiary hearing.
Neither party indicated the need for formal discovery in this matter pursuant to Rule 6 of
Case 2:18-cr-00164-DJC Document 601 Filed 11/17/25 Page 1 of 2

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the Rules Governing Section 2255 Proceedings. Therefore, the court will not issue a discovery
order in advance of the evidentiary hearing.
The parties shall file witness and exhibit lists no later than January 20, 2026. Movant
will use numbers to mark exhibits; respondent will use letters. All multi-page exhibits shall be
stapled or otherwise fastened together and each page within the exhibit should be numbered.
Each party may use an exhibit designated by the other. In the event that movant and respondent
offer the same exhibit at the hearing, that exhibit shall be referred to by the designation by which
it is first identified. Both parties shall exchange copies of their exhibits no later than January 27,
2026. The parties are directed to bring an original and one copy of each exhibit to the evidentiary
hearing. The original exhibit becomes the property of the court. The copy is for bench use
during the evidentiary hearing.
By separate order, the court will issue a writ of habeas corpus ad testificandum to secure
movant’s presence at the hearing.
Accordingly, IT IS HEREBY ORDERED that this case is scheduled for an evidentiary
hearing on February 3, 2026 at 9:00 a.m. in Courtroom 27 on the 8th floor.
DATED: November 17, 2025
Case 2:18-cr-00164-DJC Document 601 Filed 11/17/25 Page 2 of 2