Sanchez v. Ryan et al

Filing 37

ORDER DENYING Petitioner's 35 Motion for Reconsideration filed on 7/21/17. Signed by Magistrate Judge Leslie A Bowman on 8/11/17.(BAC)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Christian Alberto Sanchez,
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Petitioner,
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vs.
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Charles L. Ryan; et al.,
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Respondents.
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CV 16-0746-TUC-LAB
ORDER

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Pending before the court is the petitioner’s motion for reconsideration filed on July 21,
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2017. (Doc. 35)
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The petitioner, Christian Sanchez, filed a petition for writ of habeas corpus pursuant to
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28 U.S.C. § 2254 on November 28, 2016. (Doc. 1) On July 7, 2017, this court denied the
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petition. (Doc. 32) The court concluded that Sanchez’s trial counsel did not render ineffective
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assistance at the Rule 404 hearing or at trial. Id. His claim that the trial court’s admission of
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“other act” evidence violated due process was procedurally defaulted. Id. Sanchez now seeks
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reconsideration of that order. (Doc. 35)
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Motions for reconsideration should be granted only in rare circumstances. Defenders of
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Wildlife v. Browner, 909 F. Supp. 1342, 1351 (D. Ariz. 1995). A motion for reconsideration is
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appropriate where the district court “(1) is presented with newly discovered evidence, (2)
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committed clear error or the initial decision was manifestly unjust, or (3) if there is an
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intervening change in controlling law.” School Dist. No. 1J, Multnomah County v. AC and S,
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Inc., 5 F.3d 1255, 1263 (9th Cir. 1993). Such motions should not be used for the purpose of

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asking a court “‘to rethink what the court had already thought through – rightly or wrongly.’”

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Defenders of Wildlife, 909 F. Supp. at 1351. A motion for reconsideration “may not be used to

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raise arguments or present evidence for the first time when they could reasonably have been

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raised earlier in the litigation.” Kona Enters, Inc. v. Estate of Bishop, 229 F.3d 877, 890 (9th Cir.

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2000). Nor may a motion for reconsideration repeat any argument previously made in support

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of or in opposition to a motion. Motorola, Inc. v. J.B. Rodgers Mech. Contractors, Inc., 215

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F.R.D. 581, 586 (D. Ariz. 2003). Mere disagreement with a previous order is an insufficient

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basis for reconsideration. See Leong v. Hilton Hotels Corp., 689 F. Supp. 1572, 1573 (D. Haw.

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1988).

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In the pending motion, Sanchez argues that this court wrongly denied his petition. (Doc.

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35) He advances a new argument that trial counsel, the prosecutor, and the trial court conspired

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to present false evidence at trial. Id. He presents no evidence in support of his argument

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however. Id. Sanchez further argues this court should have allowed him to conduct discovery,

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which would have enabled him to prove his innocence. Id.

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The arguments raised by Sanchez do not justify reconsideration. He does not present

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newly discovered evidence. School Dist. No. 1J, Multnomah County v. AC and S, Inc., 5 F.3d

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1255, 1263 (9th Cir. 1993). He has not shown that the court “committed clear error or the initial

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decision was manifestly unjust.” Id. Neither does he argue that “there is an intervening change

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in controlling law.” Id. His arguments concerning discovery fail to appreciate this court’s

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standard of review under the AEDPA. 28 U.S.C. § 2254. Accordingly,

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IT IS ORDERED that the petitioner’s motion for reconsideration filed on July 21, 2017,
is DENIED. (Doc. 35)
DATED this 11th day of August, 2017.

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