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U.S. v. Alcantara, II

United States District Court, D. Oregon
Mar 3, 2006
Criminal Case No. 00-188-KI (D. Or. Mar. 3, 2006)

Opinion

Criminal Case No. 00-188-KI.

March 3, 2006

Karin J. Immergut, United States Attorney, District of Oregon, Claire M. Fay, Assistant United States Attorney, United States Attorney's Office, Portland, Oregon, Attorneys for Plaintiff.

Edward Arnold Alcantara, II, Register No. 65357-065, Terminal Island, California, Pro Se Defendant.


OPINION AND ORDER


Before me is a Motion for Reconsideration to Include Rebuttal of February 19, 2006, for Evidentiary Hearing (#167) filed by defendant Edward Arnold Alcantara II ("Alcantara").

By Opinion and Order dated February 14, 2006, I denied Alcantara's Motion for Remedy, Dismissal with Prejudice and Reversal of Conviction, Motion to Appoint Counsel, and Motion to Supplement, finding that Alcantara was in effect seeking relief available under 28 U.S.C. § 2255, and that Alcantara had not requested authorization from the Ninth Circuit Court of Appeals to file a second motion under Section 2255. In his motion for reconsideration, Alcantara requests that I consider his "rebuttal" that he mailed on February 19, 2006 (#168).

A Motion for Reconsideration of a court's order must show newly discovered evidence, a change in controlling law, or that the decision was clearly erroneous or manifestly unjust. School Dist. No. 1J, Multnomah County v. ACandS, Inc., 5 F.3d 1255, 1263 (9th Cir. 1993). Having considered the arguments made by Alcantara in his rebuttal as though they were made in his Motion for Reconsideration, I do not find any reason to reconsider my decision of February 14. Alcantara may not "circumvent the requirements of AEDPA by simply styling the petition as a motion to enforce the plea agreement." United States v. Monreal, 301 F.3d 1127, 1133 (9th Cir. 2003). Alcantara's Motion for Reconsideration (#167) is denied.

IT IS SO ORDERED.


Summaries of

U.S. v. Alcantara, II

United States District Court, D. Oregon
Mar 3, 2006
Criminal Case No. 00-188-KI (D. Or. Mar. 3, 2006)
Case details for

U.S. v. Alcantara, II

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. EDWARD ARNOLD ALCANTARA, II…

Court:United States District Court, D. Oregon

Date published: Mar 3, 2006

Citations

Criminal Case No. 00-188-KI (D. Or. Mar. 3, 2006)