Felix-Leon v. USA

Filing 2

ORDER Denying as Moot Petition to Vacate under 28 USC 2255. Signed by Judge Roger T. Benitez on 4/10/2018.(All non-registered users served via U.S. Mail Service)(anh)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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VIOLENA FELIX-LEON,

Case No.: 3:16-cv-02202-BEN
3:14-cr-03603-BEN-1

Movant,

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v.

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UNITED STATES OF AMERICA,

ORDER DENYING AS MOOT
MOTION TO VACATE, SET ASIDE,
OR CORRECT SENTENCE UNDER
28 U.S.C. § 2255

Respondent.

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On August 13, 2015, Movant Violena Felix-Leon was convicted and sentenced to

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57 months in custody for violating 21 U.S.C. §952, 960. Movant pleaded guilty pursuant

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to a plea agreement wherein she waived her right to collaterally attack her conviction and

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sentence. Notwithstanding her waiver, On August 30, 2016, Movant proceeding pro se

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filed a Motion to Vacate, Set Aside, or Correct her Sentence pursuant to 28 U.S.C. §

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2255. (Docket No. 31.)1 In short, Movant’s motion asks the Court to vacate her

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sentence, grant her a minor role reduction, and re-sentence her accordingly; she did not

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challenge her conviction. Respondent, the United States (“the government”), filed a

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response, opposing the motion.

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All docket citations refer to the criminal case docket, No. 14-cr-03603-BEN-1.
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3:16-cv-02202-BEN
3:14-cr-03603-BEN-1

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The Court takes judicial notice that on March 15, 2017, while Movant’s motion

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was pending, she was released from the Bureau of Prisons’ (“BOP’s”) custody. See

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Federal Bureau of Prisons Website, Inmate Locater Detail for Violena Felix-Leon,

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Register No. 48732-298, available at https://www.bop.gov/inmateloc/; Qureshi v.

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Sanders, 563 F. Supp. 2d 1154, 1156 n.2 (C.D. Cal. 2008) (taking judicial notice of

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BOP’s “Inmate Locator” website, which showed petitioner’s release from BOP’s

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custody).

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As a result, Movant’s motion is moot. See Aaron v. Pepperas, 790 F.2d 1360,
1361-62 (9th Cir. 1986) (concluding petitioner’s habeas petition moot where petitioner

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has satisfied his sentence and “merely contests the imposition and duration of his

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sentence”). Therefore, Movant’s motion is denied.

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IT IS SO ORDERED.

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Dated: April 10, 2018

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3:16-cv-02202-BEN
3:14-cr-03603-BEN-1