Espinoza-Gonzalez v. USA

Filing 2

ORDER Denying 1 Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. 2255 by Judel Espinoza-Gonzalez. The clerk is directed to enter separate civil judgment denying petitioners § 2255 motion in the matter of Espinoza-Gonzalez v. United States, case number 2:20-cv-01193-JCM, and close that case. Signed by Judge James C. Mahan on 2/22/2023. (Copies have been distributed pursuant to the NEF - TRW)

Case 2:20-cv-01193-JCM Document 2 Filed 02/22/23 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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UNITED STATES OF AMERICA,

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Case No. 2:12-CR-217 JCM (GWF)
Plaintiff(s),

ORDER

v.
JUDEL ESPINOZA-GONZALEZ,

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Defendant(s).

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Presently before the court is petitioner Judel Espinoza-Gonzalez’s renewal of his motion
to vacate, set aside, or correct sentence under 28 U.S.C. § 2255. (ECF No. 95)

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This court denied petitioner’s initial motion under § 2255 on April 6, 2017. (ECF No. 90).

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The Ninth Circuit affirmed that denial in a memorandum disposition and the order on mandate was

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entered on May 25, 2022. (ECF Nos. 99; 102). During the pendency of that appeal, petitioner

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filed the instant renewal of his motion “to preserve the filing date” of his original motion in light

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of the Supreme Court’s decision in United States v. Davis, 139 S.Ct. 2319 (2019) and the Ninth

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Circuit’s decision in United States v. Blackstone, 903 F.3d 1020, 1028 (9th Cir. 2018).

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In affirming this court’s denial of the original motion, the Ninth Circuit held that “the

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collateral attack waiver [in the plea agreement] forecloses § 2255 relief.” (ECF No. 99 at 2).

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Therefore, petitioner’s renewed motion regarding timeliness is moot.

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, and DECREED that petitioner’s renewed

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motion pursuant to 28 U.S.C. § 2255 to vacate, set aside, or correct sentence (ECF No. 95) be, and

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the same hereby is, DENIED.

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James C. Mahan
U.S. District Judge

Case 2:20-cv-01193-JCM Document 2 Filed 02/22/23 Page 2 of 2

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The clerk is directed to enter separate civil judgment denying petitioner’s § 2255 motion

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in the matter of Espinoza-Gonzalez v. United States, case number 2:20-cv-01193-JCM, and close

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that case.

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DATED February 22, 2023.
__________________________________________
UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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