Felix v. USA

Filing 9

ORDER DENYING MOTION FOR RECONSIDERATION OF ORDER DENYING CERTIFICATE OF APPEALABILITY ON ORDER DENYING § 2255 MOTION. Signed by Judge Ronald M Whyte on 3/4/2015. (rmwlc2, COURT STAFF) (Filed on 3/4/2015)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10
United States District Court
For the Northern District of California

SAN JOSE DIVISION
11
12

UNITED STATES OF AMERICA,
Plaintiff,

13
14
15
16

Case No. 14-CV-00408-RMW
Related to CR-07-00106-RMW-2

v.
ORDER DENYING MOTION FOR
RECONSIDERATION OF ORDER
DENYING CERTIFICATE OF
APPEALABILITY ON ORDER
DENYING § 2255 MOTION

FRANCISCO TORRES FELIX,
Defendant.

17

[Re Dkt. No. 207]

18
19

Defendant Francisco Torres Felix (“Felix”) moves for reconsideration of the court's denial of

20

his request for a certificate of appealability (Docket # 205). Felix has not met the requirements of

21

Rule 60(b) of the Federal Rules of Civil Procedure for relief from the order. See Fed. R. Civ. P.

22

60(b). However, even if the court were to reconsider and treat his § 2255 motion as timely, Felix

23
24

would still not be entitled to relief as the motion lacks substantive merit. Felix has not shown that
his trial or appellate counsel prejudiced his case by lack of advice or by not objecting to time

25
26
27

exclusions under the Speedy Trial Act. Felix also waived his Speedy Trial Act claim and his
evidentiary claim by pleading guilty and, in addition, by not raising them on appeal. Jurists of

28
ORDER
Case No. 14-CV-00408-RMW
LM

-1-

1
2

reason would not find that Felix has made a substantial showing of the denial of a constitutional
right.

3
4

Dated: March 4, 2015

_________________________________
Ronald M. Whyte
United States District Judge

5
6
7
8
9

United States District Court
For the Northern District of California

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDER
Case No. 14-CV-00408-RMW
LM

-2-