Falu-Diaz v. USA
| Roger Falu-Diaz |
| USA |
| 3:2022cv01120 |
| March 1, 2022 |
| US District Court for the District of Puerto Rico |
| Pedro A Delgado-Hernandez |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentenc |
| None |
Docket Report
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| Document Text |
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| Filing 3 JUDGMENT: See attached. Signed by Judge Pedro A. Delgado-Hernandez on 3/8/2022. (AEM) |
Filing 2
ORDER: Denying #1 pro se "Motion." In his motion, petitioner essentially challenges his conviction and/or sentence arguing that "RICO and 924(c) convictions no longer qualify as 'Crimes of Violence.'" However, on October 23, 2019, petitioner filed another petition challenging his conviction and/or sentence on the same grounds, which the court denied on November 10, 2021, because his conviction rested on his use of a firearm in furtherance of a drug trafficking crime, not in furtherance of a crime of violence. See, Civil No. 19-2010, Docket Nos. 1, 8 and 9. Since the substance of the motion before the court is another attempt to challenge his conviction and/or sentence on the same issue, the court considers it a second or successive habeas petition. And, because petitioner filed the petition without obtaining leave from the First Circuit, the motion must be denied for lack of jurisdiction. Given that petitioner has not made a "substantial showing of the denial of a constitutional right," 28 U.S.C. sec. 2253(c)(2), the court will not issue a certificate of appealability. Petitioner may seek a certificate directly from the First Circuit under Federal Rule of Appellate Procedure 22. The petition is hereby dismissed. Judgment shall be entered accordingly. Signed by Judge Pedro A. Delgado-Hernandez on 3/8/2022. (AEM)
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| Filing 1 SUCCESSIVE MOTION to Vacate, Set Aside or Correct Sentence (2255) (Criminal Number 15-462 (PAD)) filed by Roger Falu-Diaz, Pro Se. Responses due by 3/15/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Envelope)(mcm) (Additional attachment(s) added on 3/8/2022: #2 NPV PSLC Transmittal Memo) (mcm). |
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| Petitioner: Roger Falu-Diaz | |
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| Respondent: USA | |
| Represented By: | Mariana E. Bauza |
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