Vega-Valdez v. United States of America
Filing
3
MEMORANDUM DECISION AND ORDER re 1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by Julian Vega-Valdez. Defendant Julian Vega-Valdez's motion, which this Court has construed as a Petition to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255, is GRANTED. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
JULIAN VEGA-VALDEZ (true name:
Edgar Soto-Chavez)
Civil Case No. 4:16-cv-00040-BLW
Criminal Case No. 4:13-cr-00048-BLW
Petitioner,
v.
MEMORANDUM DECISION AND
ORDER
UNITED STATES OF AMERICA,
Respondent.
INTRODUCTION
Before the Court is Defendant Julian Vega-Valdez’s Motion to Correct or Clarify
Judgment (Criminal Dkt. 142), which the Court will construe as a petition to correct his
sentence under 28 U.S.C. § 2255 (Civil Dkt. 1). For the reasons explained below, the
Court will grant the petition and issue an amended judgment, correcting the defendant’s
sentence. Under the amended judgment, defendant will be sentenced to a term of
incarceration for roughly 60 months, rather than the 70-month term previously imposed.
BACKGROUND
In January 2014, this Court sentenced Vega-Valdez to 70 months’ imprisonment,
to be followed by a four-year term of supervised release. The defendant now seeks to
“correct or clarify” his sentence. See Motion, Dkt. 142. He says the Court intended to
sentence him to roughly 60 months’ imprisonment instead, which would effectively
MEMORANDUM DECISION AND ORDER- 1
credit him with time he spent in jail after the federal detainer was lodged and before he
was paroled by the State of Idaho. (The federal detainer was lodged on April 3, 2013 and
the State of Idaho paroled defendant on February 10, 2014.) The government agrees that
the “the court intended the defendant’s sentence to include credit for time back to . . . the
date the federal detainer was lodged.” Nov. 15, 2015 Notice of Non-Opposition, Criminal
Dkt. 153. The government further indicates that it will “defer[] to the court as to the
proper procedure to correct this error . . . .” Id. In short, then, the government has no
objection to defendant receiving a 60-month term of incarceration, rather than the 70month term imposed. Indeed, the government concedes that this is what the sentencing
judge intended to do. Under these circumstances, the Court will grant defendant’s
petition and issue an amended judgment.
DISCUSSION
Procedurally, the Court will construe defendant’s Motion to Correct or Clarify
Judgment (Dkt. 142) as a petition to correct his sentence under 18 U.S.C. § 2255.
Section 2255 provides four grounds that justify relief for a federal prisoner who
challenges the fact or length of his detention: (1) “that the sentence was imposed in
violation of the Constitution or laws of the United States;” (2) “that the court was without
jurisdiction to impose such sentence;” (3) “that the sentence was in excess of the
maximum authorized by law;” and (4) that the sentence is otherwise “subject to collateral
attack.” 28 U.S.C. § 2255(a). Despite this seemingly broad language, “the range of
claims which may be raised in a § 2255 motion is narrow.” United States v. Wilcox, 640
MEMORANDUM DECISION AND ORDER- 2
F.2d 970, 972 (9th Cir. 1981).
As noted above, the government concedes that defendant is entitled to the relief
sought here. Further, the government has no objection to the procedure invoked to
accomplish this result. Accordingly, the Court will correct defendant’s sentence under 28
U.S.C. § 2255.
ORDER
IT IS ORDERED that:
1.
Defendant Julian Vega-Valdez’s motion, which this Court has construed as
a Petition to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255, is
GRANTED.
2.
The Court will therefore prepare and enter a Second Amended Judgment
sentencing Defendant to 59 months and 23 days of incarceration, to be followed by a
term of supervised release of four years. The Second Amended Judgment shall not
include any recommendations to the Bureau of Prisons related to credit for time served.
All other terms and conditions of the January 23, 2014 Amended Judgment (Criminal
Dkt. 132) shall remain the same.
DATED: February 4, 2016
_________________________
B. Lynn Winmill
Chief Judge
United States District Court
MEMORANDUM DECISION AND ORDER- 3
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