Angel Osuna Rios v. United States of America

Filing 5

MEMORANDUM (IN CHAMBERS)Order DENYING Motion Pursuant to 28 U.S.C. § 2255 1 by Judge Dale S. Fischer. Refer to the Court's order for specifics. Case Terminated. Made JS-6. (pso)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
MEMORANDUM
JS 6
Case No.
Title

Date

CV 17-4637 DSF
CR 03-1144

11/29/17

Angel Osuna Rios v. United States of America

Present: The
Honorable

DALE S. FISCHER, United States District Judge

Debra Plato
Deputy Clerk

Not Present
Court Reporter

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not Present

Not Present

Proceedings:

(In Chambers) Order DENYING Motion Pursuant to 28 U.S.C. §
2255

Petitioner’s § 2255 motion is DENIED for several reasons. Petitioner does not
dispute that his motion falls well outside the one-year time limit for filing § 2255 motions
if the time is calculated from when his criminal judgment became final on appeal. He
argues that time should instead be calculated from the Supreme Court’s decision in
Mathis v. United States, 136 S.Ct. 2243 (2016). There are a number of problems with
this. First, Petitioner’s arguments have nothing to do with the issue decided in Mathis.
Instead, they are based on a general application of the modified categorical approach.
Therefore, the Mathis decision cannot provide “the date on which the right asserted was
initially recognized by the Supreme Court.” 28 U.S.C. § 2255(f)(3). In addition, Mathis
does not enunciate any new right; it merely expands on the application of the wellestablished categorical approach. Finally, Petitioner’s motion appears to have little merit.
His mandatory minimum appears to have arisen from an application of 21 U.S.C. §
841(b)(1)(A), not 18 U.S.C. § 924.1 He also received a sentence higher than the 20-year
mandatory minimum – 262 months – so it is difficult to see how he was prejudiced even
if an error had be made regarding the mandatory minimum.
IT IS SO ORDERED.

1

Petitioner admitted to having possessed with an intent to distribute at least 23 kilograms of
cocaine and to having a prior conviction for a felony drug offense.

CV-90 (12/02)

MEMORANDUM

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