govinfo:USCOURTS-okwd-5_20-cr-00240-3

UNITED STATES DISTRICT COURT FOR THE 
WESTERN DISTRICT OF OKLAHOMA 
 
 
UNITED STATES OF AMERICA,  ) 
 ) 
 Plaintiff,  ) 
 ) 
 -vs-  ) Case No. CR-20-240-F 
    )  
 ) 
BOBBY CHRIS MAYES,  ) 
) 
 Defendant.  )  
 
ORDER 
Defendant Bobby Chris Mayes ha s filed a Motion Under 28 U.S.C. § 2255 
to Vacate, Set Aside, or Correct Sentence, doc. no. 401, based on allegations of 
ineffective assistance of counsel.  The govern ment requests the Court issue an 
order finding that defendant has waived his attorney-client privilege so that counsel 
for the United States can question defendant’s counsel about defendant’s allegations 
and obtain responsive affidav its. The Tenth Circuit has recognized that a party 
“[who] claims ineffective assistance of counsel . . . impliedly waives attorney-client 
privilege with respect to communicatio ns with his attorney necessary to prove or 
disprove his claim.”  United States v.  Pinson, 584 F.3d 972,  978 (10th Cir. 2009).  
Defendant does not object to the motion.  Doc. no. 431.  
Accordingly, the Government’s Motion for Order Finding that Defendant Has 
Waived Attorney-Client Privilege, doc. no. 429, is GRANTED.  This waiver 
includes, without limitation, authorization of defendant’s counsel of  record in this 
case (all persons so shown by the docket in this case) to communicate with 
government counsel or their representatives  formally or inform ally, orally or in 
Case 5:20-cr-00240-F     Document 432     Filed 06/17/25     Page 1 of 2
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writing, and to provide documents relevant to their representation of defendant, as 
well as such affidavits, de clarations or sworn statemen ts as may be necessary to 
provide to the court, in this § 2255 proceeding,  th e facts relevant to their 
representation of defendant. 
As set forth in the minute order at doc. no. 430, the government’s response to 
the defendant’s § 2255 motion is due not later than 21 days from this date.  
IT IS SO ORDERED this 17th day of June, 2025. 
 
 
 
 
 
 
 
20-0240p140.PO (Mayes).docx 
Case 5:20-cr-00240-F     Document 432     Filed 06/17/25     Page 2 of 2

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