United States District Court, D. Oregon, Portland Division
Gregory R. Nyhus United States Attorney's Office
Attorneys for Plaintiff.
Marin-Torres Lewisburg U.S. Penitentiary Inmate Mail/Parcels
Pro se Defendant.
OPINION & ORDER
A. Hernández United States District Judge.
moved for a one-year extension of time to file a motion under
28 U.S.C. § 2255 for relief from his judgment of
found Defendant guilty of assault with a dangerous weapon
with intent to do bodily harm and possession of contraband
after a six-day trial that ended on October 27, 2014. Jury
Verdict, ECF 133. Defendant chose to represent himself during
the trial and had standby counsel available to assist him.
The Court denied Defendant's motion for a new trial on
December 30, 2014. United States v. Marin-Torres,
No. 3:14-cr-00038-HZ, 2014 WL 7405653, at *3 (D. Or. Dec. 30,
2014). The Court sentenced Defendant to 96 months for the
assault charge and 60 months for the possession of contraband
charge. Judgment, ECF 168. The Court ordered that Defendant
serve the two sentences concurrently with one another and
consecutive to the sentence that Defendant was serving in
Western District of Washington Case No. 09-cr-262-RSL-1 at
that time. Id. The Court entered Defendant's
judgment of conviction on February 24, 2015. Id.
appealed his conviction to the Ninth Circuit. Not. Appeal,
ECF 171. The Court appointed Defendant an attorney, Robert
Stone, to represent him in his appeal on May 8, 2015. Order
Appt'g Counsel, ECF 177. Mr. Stone represented Defendant
in his appeal to the Ninth Circuit until March 31, 2017, when
Mr. Stone withdrew from representing him. Order Granting
Mot. Withdraw, ECF 211. The Ninth Circuit affirmed
Defendant's conviction and entered its judgment on
November 28, 2016. Mandate, ECF 210. Defendant did not appeal
the Ninth Circuit's judgment to the Supreme Court.
filed a motion for an extension of time to file a motion for
relief from his judgment under 28 U.S.C. § 2255 on
November 4, 2019. Def. Mot. Ext. Time, ECF 212. He has not
yet filed a Section 2255 motion.
2255 provides that a defendant may file a motion for relief
from their judgment of conviction within one year from the
(1) the date on which the judgment of conviction becomes
(2) the date on which the impediment to making a motion
created by governmental action in violation of the
Constitution or laws of the United States is removed, if the
movant was prevented from making a motion by such
(3) the date on which the right asserted was initially
recognized by the Supreme Court, if that right has been newly
recognized by the Supreme Court and made retroactively
applicable to cases on collateral review; or
(4) the date on which the facts supporting the claim or
claims presented could have been discovered through the