Hernandez v. USA

Filing 2

ORDER. IT IS ORDERED that 33 Defendant's Motion to Vacate is DENIED. IT IS FURTHER ORDERED that 43 the Motion for Leave is GRANTED. Signed by Judge Richard F. Boulware, II on 5/23/2023. (Copies have been distributed pursuant to the NEF - JQC)

Case 2:20-cv-00838-RFB Document 2 Filed 05/23/23 Page 1 of 1

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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UNITED STATES OF AMERICA,

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ORDER

Plaintiff,
v.
LEONEL HERNANDEZ,
Defendant.

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Case No. 2:17-cr-0171-RFB

Before the Court is Defendant’s Motion to Vacate. ECF No. 33. In his motion, Defendant
argues that his conviction with respect being a felon in possession of firearm should also be vacated
pursuant to Rehaif v. United States, 139 S. Ct. 2191 (2019). The Court rejects Defendant’s
argument on this point as well and also denies the motion on this ground. The Court finds that the
Defendant’s argument is and has been foreclosed by Greer v. United States, 141 S. Ct. 2090 (2021).
The Court agrees with the government’s arguments as to the controlling application of Greer to
this case, and it incorporates that reasoning by reference.
For the reasons stated,
IT IS HEREBY ORDERED that Defendant’s Motion to Vacate [ECF No. 33] is
DENIED.
IT IS FURTHER ORDERED that the Motion for Leave [ECF No. 43] is GRANTED.
DATED: May 23, 2023.
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RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE