Opinion
3:11-cr-00088-RCJ-PAL
12-12-2016
UNITED STATES OF AMERICA, Plaintiff, v. GUADALUPE ROJAS-GUZMAN, Defendant.
ORDER
Defendant Guadalupe Rojas-Guzman pled guilty to one count of Unlawful Reentry by a Deported, Removed, or Excluded Alien, and the Court sentenced him to 240 months imprisonment. The Court simultaneously sentenced Defendant to 264 months imprisonment for a separate offense charged in Case No. 3:10-cr-109. Defendant appealed both convictions and sentences, and the Court of Appeals affirmed in both cases. Defendant filed a habeas corpus motion in this Court pursuant to 28 U.S.C. § 2255, which the Court denied. Defendant later filed a successive § 2255 motion, which the Court denied, noting that under § 2255(h) Defendant must first obtain permission from the Court of Appeals to file such a motion. Defendant appealed, and the Court of Appeals has remanded for the limited purpose of determining whether a certificate of appealability should issue as to the latter denial. The Court finds that a certificate should not issue, because there is no evidence in the record indicating that a panel of the Court of Appeals has certified a second motion under § 2255(h). Accordingly, this Court has no jurisdiction to address the merits of the motion. See United States v. Lopez, 577 F.3d 1053, 1061 (9th Cir. 2009) (citing Burton v. Stewart, 549 U.S. 147, 152-53 (2007)).
CONCLUSION
IT IS HEREBY ORDERED that a certificate of appealability is DENIED.
IT IS SO ORDERED. Dated: This 12th day of December, 2016.
/s/_________
ROBERT C. JONES
United States District Judge