Lopez-Monjaraz v. USA

Filing 2

ORDER denying 1 2255 Motion to Vacate. Signed by Judge Larry R. Hicks on 9/15/14. (Copies have been distributed pursuant to the NEF - JC)

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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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Plaintiff,

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v.

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GILBERTO LOPEZ-MONJARAZ,

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Defendant.

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3:09-CR-00046-LRH-RAM
ORDER

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Before the Court is Defendant’s Motion Pursuant to 28 U.S.C. § 2255(f)(3) to Vacate, Set

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Aside or Correct Sentence by a Person in Federal Custody. Doc. #64.1 The United States filed a

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Response (Doc. #66), to which Defendant did not reply.

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This is Defendant’s second § 2255 motion asserting ineffective assistance of counsel for

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failure to challenge his sentence under Apprendi v. New Jersey, 530 U.S. 466 (2000). Because

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Defendant did not obtain authorization from the United States Court of Appeals for the Ninth

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Circuit to consider a successive § 2255 motion, the Court is without jurisdiction to consider it. See

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United States v. Allen, 157 F.3d 661, 664 (9th Cir. 1998) (failure to request the requisite

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authorization to file a second or successive § 2255 motion deprives the district court of

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jurisdiction); see also 28 U.S.C. § 2255(h). Accordingly, Defendant’s Motion is denied.

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///

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Refers to the Court’s docket number.

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IT IS THEREFORE ORDERED that Defendant’s Motion Pursuant to 28 U.S.C. §

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2255(f)(3) to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody (Doc. #64) is

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DENIED.

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IT IS SO ORDERED.

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DATED this 15th day of September, 2014.
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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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