FIGUEROA-CONSTANTINO v. U.S., 14cr3575 BTM (2016)
Court: District Court, N.D. California
Number: infdco20160725594
Visitors: 9
Filed: Jul. 21, 2016
Latest Update: Jul. 21, 2016
Summary: ORDER RE: SUCCESSIVE 2255 MOTION BARRY TED MOSKOWITZ , Chief District Judge . Defendant Javier Figueroa-Constantino has filed a motion to reduce his sentence under 28 U.S.C. 2255 based on Johnson v. United States, ___ U.S. ___, 135 S.Ct. 2551 (2015). However, Defendant previously filed a 2255 motion, which was denied in an order filed on February 8, 2016. Accordingly, Defendant's instant motion is successive, and Defendant must make a motion in the Ninth Circuit Court of Appeals f
Summary: ORDER RE: SUCCESSIVE 2255 MOTION BARRY TED MOSKOWITZ , Chief District Judge . Defendant Javier Figueroa-Constantino has filed a motion to reduce his sentence under 28 U.S.C. 2255 based on Johnson v. United States, ___ U.S. ___, 135 S.Ct. 2551 (2015). However, Defendant previously filed a 2255 motion, which was denied in an order filed on February 8, 2016. Accordingly, Defendant's instant motion is successive, and Defendant must make a motion in the Ninth Circuit Court of Appeals fo..
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ORDER RE: SUCCESSIVE § 2255 MOTION
BARRY TED MOSKOWITZ, Chief District Judge.
Defendant Javier Figueroa-Constantino has filed a motion to reduce his sentence under 28 U.S.C. § 2255 based on Johnson v. United States, ___ U.S. ___, 135 S.Ct. 2551 (2015). However, Defendant previously filed a § 2255 motion, which was denied in an order filed on February 8, 2016. Accordingly, Defendant's instant motion is successive, and Defendant must make a motion in the Ninth Circuit Court of Appeals for an order authorizing this Court to consider it. 28 U.S.C. § 2255(h). The Court cannot consider Defendant's instant motion unless a panel of the Ninth Circuit Court of Appeals certifies the motion to contain newly discovered evidence or a new rule of constitutional law made retroactive to cases on collateral review by the Supreme Court. Id.
IT IS SO ORDERED.
Source: Leagle
