Rodriguez-Cardoza v. USA

Filing 3

ORDER, Movant's 1 Motion for Sentence Relief Under the Federal Prison Bureau Non-Violent Offender Relief Act of 2003 is denied and the civil action opened in connection with this Motion is dismissed; the Clerk must enter judgment accordingly, re: CR 08-1320-PHX-DGC. Signed by Judge David G Campbell on 10/29/14. (REW)

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ASH

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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,

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Plaintiff,

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vs.

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No. CV 14-1911-PHX-DGC (DKD)
CR 08-1320-PHX-DGC

Cesar Rodriguez-Cardoza,

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ORDER

Defendant/Movant.

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Movant Cesar Rodriguez-Cardoza, who is confined in the Central Arizona

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Detention Center in Florence, Arizona, has filed a pro se Motion for Sentence Relief

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Under the Federal Prison Bureau Non-Violent Offender Relief Act of 2003. The Court

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will deny the Motion.

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

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

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other jurisdictional basis for his Motion. Although the Court may construe a pro se

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motion as a § 2255 motion, it may not do so without first giving certain warnings to the

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

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district court may not recharacterize a motion as a defendant’s first § 2255 motion

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without first warning him that the recharacterization will subject subsequent § 2255

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motions to the law’s “second or successive” restrictions and allowing him an opportunity

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to withdraw or to amend the motion. However, even if the Court provided Movant with

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the requisite Castro warning, it would not recharacterize this matter as a motion brought

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under § 2255 because his claim for 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,

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Movant’s 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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Prison Bureau Non-Violent Offender Relief Act of 2003 (Doc. 39 in CR 08-1320-PHX-

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DGC) is denied and that the civil action opened in connection with this Motion (CV 14-

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1911-PHX-DGC (DKD)) is dismissed.

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accordingly.

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The Clerk of Court must enter judgment

Dated this 29th day of October, 2014.

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