Ramos-Martinez v. USA, No. 3:2016cv02119 - Document 7 (D.P.R. 2018)

Court Description: OPINION AND ORDER re 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) (Criminal Number 01-638.) filed by Wilfredo Ramos-Martinez. The petition at ECF No. 1 is DISMISSED WITHOUT PREJUDICE. The Clerk of Court is to enter judgment accordingly. Signed by U.S. District Judge Aida M. Delgado-Colon on 9/13/2018.(wm)

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Ramos-Martinez v. USA Doc. 7 THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO WILFREDO RAMOS-MARTINEZ, Petitioner, v. Civil No. 16-2119 (ADC) [Related to Crim. No. 01-638-2 (ADC)] UNITED STATES OF AMERICA Respondent. OPINION AND ORDER Before the Court is Wilfredo Ramos-Martínez’s (“petitioner”) petition for habeas corpus relief pursuant to 28 U.S.C. § 2255. ECF No. 1. Petitioner pleaded guilty to one count of conspiracy to distribute an excess of five kilograms of cocaine, in violation of 21 U.S.C. § 846, for which he received a sentence of 480 months imprisonment and five years of supervised release. Crim. No. 01-638, ECF No. 123. In a separate section 2255 proceeding, the parties stipulated to reducing petitioner’s sentence to 300 months imprisonment with five years of supervised release, after which the Court dismissed the petition. 1 Civ. No. 08-1388, ECF Nos. 45, 46; Crim. No. 01-638, ECF No. 231. In the stipulation reducing the sentence to 300 months, petitioner also The Court initially denied the petition on the merits. Civ. No. 08-1388, ECF No. 26. Petitioner appealed the denial. Id. at ECF No. 29. The First Circuit Court of Appeals vacated the denial and remanded for an evidentiary hearing. Id. at ECF No. 40. The Court held the hearing, after which point the parties reached the aforementioned stipulation. Id. at ECF No. 45. 1 Dockets.Justia.com Civil No. 16-2119 (ADC) Page 2 “waived his right to bring any further § 2255 petitions stemming from this conviction.” Civ. No. 08-1388, ECF No. 46. Thus, the petition was effectively dismissed with prejudice. In the present filing, petitioner seeks relief under Johnson v. United States, 135 S.Ct. 2551 (2015), which addresses the “crime of violence” provisions of the Armed Career Criminal Act (“ACCA”) in 18 U.S.C. § 924(e)(2)B). ECF No. 1; see also 28 U.S.C. § 2255(f)(3). However, the present petition is a second or successive petition under section 2255, for which petitioner must obtain leave to file from the First Circuit Court of Appeals. See 28 U.S.C. § 2244(b)(3)(A). Accordingly, the petition at ECF No. 1 is DISMISSED WITHOUT PREJUDICE. The Clerk of Court is to enter judgment accordingly. SO ORDERED. At San Juan, Puerto Rico, on this 13th day of September, 2018. S/AIDA M. DELGADO-COLÓN United States District Judge

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