Opinion
15-cr-2691-LAB-1 21-cv-1734-LAB
11-08-2021
PAUBLINO CARRANZA CORRALEZ, Petitioner, v. UNITED STATES OF AMERICA Respondent.
ORDER DENYING PETITION UNDER 28 U.S.C. § 2255 [15-cr-2691 Dkt. 75; 21-cv-1734 Dkt. 1]
Honorable Larry Alan Burns United States District Judge
In 2016, Petitioner Paublino Carranza Corralez (“Carranza”) was convicted of conspiracy to import methamphetamine, cocaine, and heroin into the United States. (Case No. 15-cr-2691, Dkt. 55). On June 27, 2016, he was sentenced to 120 months in custody. (Id.). Carranza now challenges his continued confinement under 28 U.S.C. § 2255 (the “Petition”), which requires a court to vacate or modify a sentence imposed in violation of law. (Case No. 15-cr-2691, Dkt. 75). He contends that his sentence meets this description because the Court didn't consider the United States Sentencing Guidelines. (Id.). But as the Court explained in denying Carranza's two prior motions under 18 U.S.C. § 3582(c)(2), it wasn't required to consider the guideline range because Carranza was sentenced to the statutory mandatory minimum. (Case No. 15-cr-2691, Dkt. 67; Id. Dkt. 58). Failure to release Carranza from custody doesn't implicate any violations of law under 28 U.S.C. § 2255, so “the motion and the files and records of the case conclusively show that [Carranza] is entitled to no relief.” 28 U.S.C. § 2255(b).
The Petition is DENIED. The Court declines to issue a certificate of appealability.
IT IS SO ORDERED.