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 assaulting an officer after a
two-day trial on January 12-13, 2016. Jury Verdict, ECF 93.
Defendant conducted the trial pro se but had standby counsel
available to assist him throughout the trial. The Court
sentenced Defendant on April 11, 2016, and entered a judgment
of conviction against him the same day. Judgment, ECF 102.
Defendant appealed his conviction to the Ninth Circuit. Not.
App., ECF 105. On November 17, 2017, the Ninth Circuit
affirmed Defendant's conviction. United States v.
Marin-Torres, 702 Fed.Appx. 634 (9th Cir. 2017).
Defendant filed a petition for writ of certiorari in the
United States Supreme Court on March 27, 2018. S.Ct. Clerk
Ltr., ECF 126. The Supreme Court denied certiorari on May 29,
2018. Marin-Torres v. United States, 138 S.Ct. 2588
November 4, 2019, Defendant filed a motion for an extension
of time to file a motion under 28 U.S.C. § 2255 for
relief from his judgment of conviction. Def. Mot. Ext. Time,
2255 provides that a defendant may file a motion for relief
from a judgment of conviction within one year of the latest
(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
exercise of due diligence.
28 U.S.C. § 2255(f). A judgment of conviction becomes
final when the Supreme Court “affirms [the] conviction
on the merits on direct review or denies a petition for a
writ of certiorari, or when the time for filing a certiorari