Munoz v. USA

Filing 21

ORDER denying 20 Motion for Reconsideration. Signed by Senior Judge Frederick J Martone on 1/29/2014.(ALS)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Juan Victor Munoz,
Petitioner,

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vs.

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United States of America,
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Respondent.
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No. CV-12-02240-PHX-FJM
No. CR-09-00784-01-PHX-FJM
ORDER

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Before the court is petitioner’s motion for reconsideration (doc. 20) of our order

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adopting the report and recommendation of the Magistrate Judge and denying his motion to

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amend (doc. 18). Petitioner argues that he should be permitted to amend his petition to assert

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an actual innocence and lack of jurisdiction challenge to his conviction. These claims are

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wholly without merit and therefore the motion to amend was properly denied.

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As best we can tell, Petitioner’s actual innocence and jurisdictional claims, raised for

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the first time after the report and recommendation was issued, are based on his belief that the

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conspiratorial “agreement to rob the alleged 4-kilos of cocaine was induced under false

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pretenses” because it was part of a government sting operation, and is therefore “void or

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invalid.” Proposed Amendment (doc. 16) at 3. He argues that “any conspiratorial agreement

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induced by government agents or informants is void” and therefore he is actually innocent

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of the conspiracy for which he was convicted. This claim is wholly without merit. The

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agreement was between petitioner and his co-defendants. This is sufficient to support a

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conspiracy charge.

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IT IS ORDERED DENYING petitioner’s motion for reconsideration (doc. 20).

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DATED this 29th day of January, 2014.

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