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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 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 (2018) (mem.).

         On 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, ECF 128.

         STANDARDS

         Section 2255 provides that a defendant may file a motion for relief from a judgment of conviction within one year of 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 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 petition ...


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