Gamboa-Serrano v. USA

Gamboa-Serrano v. USA

Petitioner:	Alex A. Gamboa-Serrano
Respondent:	USA
Case Number:	3:2016cv01712
Filed:	June 30, 2016
Court:	US District Court for the Southern District of California
Office:	San Diego Office
County:	San Diego
Presiding Judge:	Cynthia Bashant
Nature of Suit:	Motions to Vacate Sentence
Cause of Action:	28 U.S.C. § 2255
Jury Demanded By:	None

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Available Case Documents

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Date Filed	Document Text
February 1, 2017	Filing 2 ORDER Denying Petition to Vacate under 28 USC 2255. Because the Court finds Johnson v. United States, 135 S. Ct. 2552 (2015) is inapplicable to Petitioner's circumstances, and because Petitioner waived his right to appeal or collaterally attack his sentence and procedurally defaulted the issue by failing to appeal, Court denies Petitioner's motion to vacate. Because reasonable jurists would not finds Court assessment of the claims debatable or wrong, Court declines to issue Petitioner a certificate of appealability. Signed by Judge Cynthia Bashant on 1/31/2017. Criminal Case Number: 15cr2627-BAS (All non-registered users served via U.S. Mail Service) (jah)

Date Filed

Document Text

February 1, 2017

Filing 2 ORDER Denying Petition to Vacate under 28 USC 2255. Because the Court finds Johnson v. United States, 135 S. Ct. 2552 (2015) is inapplicable to Petitioner's circumstances, and because Petitioner waived his right to appeal or collaterally attack his sentence and procedurally defaulted the issue by failing to appeal, Court denies Petitioner's motion to vacate. Because reasonable jurists would not finds Court assessment of the claims debatable or wrong, Court declines to issue Petitioner a certificate of appealability. Signed by Judge Cynthia Bashant on 1/31/2017. Criminal Case Number: 15cr2627-BAS (All non-registered users served via U.S. Mail Service) (jah)

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Respondent: USA
Represented By:	Karla Davis(Designation Assistant United States Attorney)
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Petitioner: Alex A. Gamboa-Serrano
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