Bedford v. USA

Filing 3

ORDER signed by Chief Judge Morrison C. England, Jr. on 2/17/2015 as to Lynn G. Bedford VACATING the Order Denying Motion to Vacate; DISMISSING the defendant's Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. 2255 for lack of jurisdiction re 2:02-CR-00268 MCE. CASE CLOSED. (Michel, G.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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No. 2:02-cr-00468-MCE-CMK

Plaintiffs,
v.

ORDER

LYNN G. BEDFORD,
Defendant.

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On January 13, 2005, Defendant pled guilty to one count of making a false

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statement in violation of 18 U.S.C. § 1001. The Court sentenced Defendant to 60

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months of probation on June 7, 2005. Subsequently, on June 7, 2010, Defendant filed a

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motion to vacate his sentence pursuant to 28 U.S.C. § 2255. This Court denied that

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Motion as untimely pursuant to the one-year statute of limitations in 28 U.S.C.

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§ 2254(f)(4), and Defendant appealed.

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A panel of the Ninth Circuit reversed this Court’s decision because motions to

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vacate under 28 U.S.C. § 2255 are only available to “a prisoner in custody.” United

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States v. Reves, 774 F.3d 562, 565 (9th Cir. 2014). According to that court, Defendant

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was not “in custody” when he filed his motion, and this Court thus lacked jurisdiction to

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entertain Defendant’s motion. Id. at 564-65. The appellate court then remanded with

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instructions for this Court to dismiss Defendant’s motion. Id. at 565. Accordingly, this
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Court now VACATES its decision (ECF No. 743) denying Defendant’s Motion to Vacate

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(ECF No. 681) and DISMISSES the Motion for lack of jurisdiction. The Clerk of the

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Court is directed to file this Order in both the above-captioned case and in the

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companion civil case, 2:10-cv-01402-MCE-CKM. Both cases shall remain closed.

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IT IS SO ORDERED.
Dated: February 17, 2015

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