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United States v. Marin-Torres

United States District Court, D. Oregon, Portland Division

January 2, 2020

UNITED STATES OF AMERICA, Plaintiff,
v.
LEONEL MARIN-TORRES, Defendant.

          Gregory R. Nyhus United States Attorney's Office Attorneys for Plaintiff.

          Leonel Marin-Torres Lewisburg U.S. Penitentiary Inmate Mail/Parcels Pro se Defendant.

          OPINION & ORDER

          Marco A. Hernández United States District Judge.

         Defendant moved for a one-year extension of time to file a motion under 28 U.S.C. § 2255 for relief from his judgment of conviction.

         BACKGROUND

         A jury 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.

         Defendant 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.[1] 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.

         Defendant 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.

         STANDARDS

         Section 2255 provides that a defendant may file a motion for relief from their judgment of conviction within one year from the latest of:

(1) the date on which the judgment of conviction becomes final;
(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 governmental action;
(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 ...

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