U.S. v. FIGUEROA-CONSTANTINO

Case No. 14cr3575.

UNITED STATES OF AMERICA, Plaintiff, v. JAVIER FIGUEROA-CONSTANTINO, Defendant.

United States District Court, S.D. California.


Attorney(s) appearing for the Case

USA, Plaintiff, represented by Aaron Arnzen , U.S. Attorney's Office & Scott Travis Jones , US Attorney's Office.


ORDER RE: SUCCESSIVE 2255 MOTION

BARRY TED MOSKOWITZ, District Judge.

Defendant Javier Figueroa-Constantino has filed a motion to reduce his sentence under 28 U.S.C. § 2255 based on Dean v. United States, 581 U.S.__, 137 S.Ct. 1170 (2017). However, Defendant previously filed a § 2255 motion, which was denied in an order filed on February 8, 2016. Accordingly, Defendant's instant motion is successive, and Defendant must make a motion in the Ninth Circuit Court of Appeals for an order authorizing this Court to consider it. 28 U.S.C. § 2255(h). The Court cannot consider Defendant's instant motion unless a panel of the Ninth Circuit Court of Appeals certifies the motion to contain newly discovered evidence or a new rule of constitutional law made retroactive to cases on collateral review by the Supreme Court. Id.

IT IS SO ORDERED.


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