Valenzuela-Gonzalez v. USA

Filing 3

ORDER that Movant Jose Angel Valenzuela-Gonzalez's Motion for Sentence Relief Under the Federal Nonviolent Offender Relief Act of 2003 (Doc. 25 in CR 12-901-PHX-GMS) is denied and that the civil action opened in connection with this Motion (12-1873-PHX-GMS (LOA)) is dismissed. The Clerk of Court must enter judgment accordingly. Signed by Judge G Murray Snow on 10/3/2012. (KMG)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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United States of America,
Plaintiff,

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v.

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Jose Angel Valenzuela-Gonzalez,

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Defendant/Movant.

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No. CV 12-1873-PHX-GMS (LOA)
No. CR 12-901-PHX-GMS
ORDER

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Before the Court is Movant Jose Angel Valenzuela-Gonzalez’s pro se Motion for

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Sentence Relief Under the Federal Nonviolent Offender Relief Act of 2003. The Court will

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deny the motion.

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This matter has been opened as a motion to vacate sentence under 28 U.S.C. § 2255.

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However, Movant’s motion does not refer to § 2255. Nor does he refer to any other

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jurisdictional basis for his motion. Although the Court may construe a pro se motion as a

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§ 2255 motion, it may not do so without first giving certain warnings to the movant. In

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Castro v. United States, 540 U.S. 375, 377 (2003), the Supreme Court held a district court

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may not recharacterize a motion as a defendant’s first § 2255 motion without first warning

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him that the recharacterization will subject subsequent § 2255 motions to the law’s “second

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or successive” restrictions and allowing him an opportunity to withdraw or to amend the

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motion. But even if the Court had provided Movant with the requisite Castro warning, it

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would not recharacterize this matter as a motion brought under § 2255 because his claim for

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relief is frivolous.

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In his motion, Movant seeks relief under a bill (the Federal Bureau of Prisons

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Nonviolent Offender Relief Act of 2003, H.R. 3575, 108th Cong. (2003)) introduced in

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Congress to amend 18 U.S.C. § 3624. That bill was never enacted. Accordingly, Movant’s

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motion has no arguable basis in fact or in law.

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IT IS ORDERED that Movant’s Motion for Sentence Relief Under the Federal

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Nonviolent Offender Relief Act of 2003 (Doc. 25 in CR 12-901-PHX-GMS) is denied and

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that the civil action opened in connection with this Motion (12-1873-PHX-GMS (LOA)) is

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dismissed. The Clerk of Court must enter judgment accordingly.

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DATED this 3rd day of October, 2012.

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