Ancheta v. USA

Filing 2

ORDERED the motion for §2255 relief is hereby DENIED. This case is CLOSED accordingly. Signed by Judge Howard D. McKibben on 1/11/2021. (Copies have been distributed pursuant to the NEF - DRM)

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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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Plaintiff,
v.

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Case No. 3:12-cr-00015-HDM-WGC
ORDER

RANDY MACARIO ANCHETA,
Defendant.

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On June 29, 2018, the court denied the defendant’s motion to

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vacate pursuant to 28 U.S.C. § 2255. (ECF No. 142). The court

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denied the motion on the merits and denied a certificate of

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appealability. The Ninth Circuit also denied a certificate of

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appealability. (ECF No. 160).

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While

the

defendant’s

request

for

a

certificate

of

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appealability was pending before the Ninth Circuit, he filed with

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this court a “renewed” motion to vacate pursuant to 28 U.S.C. §

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2255, seeking to preserve the filing deadline in the event the

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government or any court found his prior § 2255 motion to be

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untimely. (ECF No. 157).

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The defendant’s § 2255 motion was disposed of by this court

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on

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certificate of appealability with respect to the court’s ruling.

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There is therefore no basis for consideration of the defendant’s

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“renewed” § 2255 motion.

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2255 relief (ECF No. 157) is hereby DENIED.

the

merits,

and

the

Ninth

Circuit

declined

to

issue

a

Accordingly, the renewed motion for §

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The

associated

civil

case,

3:20-cv-00384-HDM,

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accordingly be CLOSED.

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IT IS SO ORDERED.

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DATED: This 11th day of January, 2021.

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____________________________
UNITED STATES DISTRICT JUDGE

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shall