Morales-Castro v. USA
| Christian Morales-Castro |
| USA |
| 3:2021cv01258 |
| June 2, 2021 |
| US District Court for the District of Puerto Rico |
| Jay A Garcia-Gregory |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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This docket was last retrieved on June 24, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 3 JUDGMENT dismissing with prejudice Petitioner's case. Signed by Judge Jay A. Garcia-Gregory on 6/24/2021. (MQ) |
Filing 2
ORDER denying #1 Motion to Vacate. While the Supreme Court held that the definition of "crime of violence" in 18 U.S.C. 924(c)(3)(B) is unconstitutionally vague, United States v. Davis, 139 S.Ct. 2319, 2336 (2019), Defendant's conviction does not rely on this crime of violence definition, because he was convicted of possession of a firearm in furtherance of a drug trafficking crime. See Crim. No. 15-462(JAG), Docket No. 3541. As such, Davis is inapplicable. It is further ordered that no certificate of appealability should be issued in the event that Petitioner files a notice of appeal, because there is no substantial showing of a denial of a constitutional right under 28 U.S.C. 2253(c)(2). Judgment shall be entered accordingly. Signed by Judge Jay A. Garcia-Gregory on 6/24/2021. (MQ)
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| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) (Filed in Criminal Number 3:15-cr-00462-JAG-8) filed by Christian Morales-Castro, pro se. Responses due by 6/16/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Envelope)(rim) |
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| Respondent: USA | |
| Represented By: | Myriam Y. Fernandez-Gonzalez |
| Represented By: | Mariana E. Bauza |
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| Petitioner: Christian Morales-Castro | |
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