Barrios v. United States ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, Case No. 13cr3932-MMA Related Civil Case No. 20cv939-MMA 12 Plaintiff, 13 v. ORDER GRANTING DEFENDANT’S MOTION TO WITHDRAW 2255 14 SAUL DEMETRIOS BARRIOS, MOTION 15 Defendant. 16 [Doc. No. 110] 17 18 On May 24, 2016, Defendant Saul Demetrios Barrios pleaded guilty to possessing 19 with intent to distribute methamphetamine, in violation of Title 21, United States Code, 20 section 841(a)(1), and to being a felon in possession of a firearm, in violation Title 18, 21 sections 922(g)(1) and 924(a)(2). See Doc. No. 78. On March 6, 2017, the Court 22 sentenced Defendant to a 188-month custodial term. See Doc. No. 90. Defendant, 23 proceeding pro se, filed a motion to vacate his conviction and sentence pursuant to Title 24 28, section 2255 (“2255 motion”). See Doc. No. 92. The government filed a response in 25 opposition to Defendant’s motion. See Doc. No. 97. 26 Defendant, proceeding through counsel, now moves to withdraw his 2255 motion. 27 See Doc. No. 110. Defendant makes this request “[i]n light of respondent’s opposition to 28 his motion under 28 U.S.C. § 2255 and the terms of his plea agreement.” Id. at 1. ] Upon due consideration, good cause appearing, the Court GRANTS Defendant’s 2 motion to withdraw his 2255 motion. Because the Court did not reach the merits of 3 || Defendant’s 2255 motion, any future 2255 motion will not be considered a “‘second or 4 successive” motion. See 28 U.S.C. 2255(h); see generally Castro v. United States, 540 5 || U.S. 375 (2003). However, any future collateral challenge to his conviction and sentence 6 || based on the Supreme Court’s June 21, 2019 opinion in Rehaif v. United States, 588 U.S. 7 |{___ , 139 S. Ct. 2191 (2019), will be barred by the applicable statute of limitations absent 8 ||equitable tolling or some other exception. See 28 U.S.C. § 2255(f). 9 Accordingly, the Court DIRECTS the Clerk of Court to administratively terminate 10 || Defendant’s 2255 motion [Doc. No. 92] and terminate the related civil action [Case No. 11 }}20cv939-MMA]. 12 IT IS SO ORDERED. 13 || DATE: September 15, 2020 Vathst Th re i he 14 HON. MICHAEL M. ANELLO United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28