Sanchez-Oxio v. USA, No. 3:2013cv01826 - Document 8 (D.P.R. 2014)

Court Description: AMENDED MEMORANDUM OPINION denying 6 Motion to Alter Judgment. (amended to correct Petitioner's name.) Signed by Judge Jose A. Fuste on 09/17/2014.(mrj)

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1 2 3 4 UNITED STATES DISTRICT COURT DISTRICT OF PUERTO RICO MICHAEL SANCHEZ-OXIO, Plaintiff, Civil No. 13-1826 (JAF) v. (Crim. No. 06-241-1) UNITED STATES OF AMERICA, Defendant. 5 6 MEMORANDUM OPINION 7 Petitioner Michael Sánchez-Oxio ( Sánchez-Oxio ) comes before the court with a 8 motion to alter or amend our previous judgment pursuant to Fed. R. Civ. P. 59(e). 9 (Docket No. 6.) First, Sánchez-Oxio argues that he is entitled to relief based on Alleyne 10 v. United States, 570 U.S. ___, 133 S. Ct. 2151 (2013). We squarely addressed and 11 dismissed this claim in our denial of his last petition under § 2255. (Docket No. 4 at 4-5.) 12 Second, Sánchez-Oxio argues that his last petition under § 2255 was not a second or 13 successive § 2255 motion. (Docket No. 6.) The history of the case shows otherwise, as 14 discussed in our previous opinion. (See Docket No. 4.) 15 16 For the foregoing reasons, we hereby DENY Petitioner s motion to alter or amend judgment (Docket No. 6). 17 IT IS SO ORDERED. 18 San Juan, Puerto Rico, this 17th day of September, 2014. 19 20 21 S/José Antonio Fusté JOSE ANTONIO FUSTE U. S. DISTRICT JUDGE

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