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)

Download PDF
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 Page 1 of 1

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?