Huerta v. USA

Filing 2

ORDER Denying Petition to Vacate under 28 USC 2255. Signed by Judge Gonzalo P. Curiel on 8/31/16.(All non-registered users served via U.S. Mail Service)(dlg)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 RAUL HUERTA, 11 12 Petitioner, vs. 13 14 15 UNITED STATES OF AMERICA, CASE NO. 16cv01644-GPC 15cr00741-GPC ORDER VACATING ORDER PROVISIONALLY APPOINTING FDSDI AND DENYING PETITIONER’S 28 U.S.C. § 2255 MOTION TO VACATE, SET ASIDE OR CORRECT SENTENCE Respondent. 16 17 On June 27, 2016, Petitioner filed a motion for to vacate, set aside or correct 18 sentence pursuant to 28 U.S.C. § 2255. On August 29, 2016, the Court provisionally 19 appointed Federal Defenders of San Diego, Inc. (“FDSDI”) to represent Petitioner 20 assuming that he alleged a claim under Johnson v. United States, 135 S. Ct. 2551 21 (2015). (Dkt. No. 25.) Upon a careful review of the petition, Petitioner does not allege 22 a claim under Johnson. Accordingly, the Court VACATES its order provisionally 23 appointing FDSDI and the briefing schedule. 24 Section 2255 authorizes this Court to “vacate, set aside, or correct the sentence” 25 of a federal prisoner on “the ground that the sentence was imposed in violation of the 26 Constitution or laws of the United States, or that the court was without jurisdiction to 27 impose such sentence, or that the sentence was in excess of the maximum authorized 28 by law, or is otherwise subject to collateral attack[.]” 28 U.S.C. § 2255(a). To warrant -1- [13cr00697] 1 relief under § 2255, a prisoner must allege a constitutional or jurisdictional error, or a 2 “fundamental defect which inherently results in a complete miscarriage of justice [or] 3 an omission inconsistent with the rudimentary demands of fair procedure.” United 4 States v. Timmreck, 441 U.S. 780, 783 (1979) (quoting Hill v. United States, 368 U.S. 5 424, 428 (1962)). 6 Here, Petitioner does not allege any claims in his petition. Accordingly, the 7 Court DENIES the petition to vacate, set aside or correct sentence pursuant to 28 8 U.S.C. § 2255. 9 IT IS SO ORDERED. 10 11 DATED: August 31, 2016 12 13 HON. GONZALO P. CURIEL United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- [13cr00697]

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