Friday, July 13, 2018

United States v. Buenrostro, Nos. 16-10499, 17-15453 (Fletcher with Tallman and Morris (Montana)) --- The Ninth Circuit denied relief to a federal prisoner serving a sentence for drug trafficking, holding that he was ineligible for a sentence reduction after his sentence was commuted from a mandatory life sentence to 30 years by President Obama and that the commutation did not allow him to file a second or successive § 2255 motion to raise a claim of ineffective assistance of counsel in connection with plea bargaining. The fact that the original sentence was mandatory because of his prior drug convictions meant that the applicable Guidelines range was not reduced in light of Amendment 782, the drugs minus two amendment. And the commutation order issued by President Obama was not an intervening judgment that allowed him to file a new § 2255 motion under the rule of Magwood v. Patterson, 561 U.S. 320 (2010). 

The decision is here:


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