Maldonado-Martinez v. USA, No. 3:2020cv01337 - Document 7 (D.P.R. 2021)

Court Description: MEMORANDUM OPINION: Noted 6 Motion requesting Order; Denying 1 Motion to Vacate Signed by Judge Gustavo A. Gelpi on 10/15/2021. (MET)

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Maldonado-Martinez v. USA Doc. 7 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO 2 3 4 5 6 7 8 SAMUEL MALDONADO MARTINEZ Petitioner, v. UNITED STATES OF AMERICA, Respondent. CASE NO. 20 1337 (GAG) Related to Crim. Case No. 16 372 MEMORANDUM OPINION 9 Before the Court is Samuel Maldonado Martinez’s motion to vacate and correct his 10 sentence pursuant to 28 U.S.C. § 2255 in light of Rehaif v. United States, 129 S. Ct. 2191 (2019). 11 (Docket No. 1). The Government responded in opposition. (Docket No. 5). 12 Maldonado was charged in a six count indictment with possession of a firearm in 13 furtherance of a drug trafficking crime in violation of 18 U.S.C. § 924(c), (Count One); 14 possessing firearms and ammunition as a convicted felon, (Count Two); and possessing with 15 intent to distribute cocaine base, cocaine, heroin, and marihuana, Counts Three, Four, Five, Six. 16 (Crim. Case No. 16 372, Docket No. 14). 17 Maldonado pleaded guilty to Counts One and Three of the indictment, possession of a 18 firearm in furtherance of a drug trafficking crime, and possession with intent to distribute 19 cocaine base. The Court sentenced Maldonado to 60 months’ imprisonment as to Count One 20 and 46 months as to Count Three, to be served consecutively, adding up to a total of 106 21 Dockets.Justia.com Case No. 20 1337 (GAG) 1 months’ imprisonment. The remaining charges, including Count Two of the indictment, the 2 felon in possession of a firearm charge, were dismissed. 3 I. Legal Analysis and Discussion 4 Maldonado petitions the Court vacate his sentence in light of the United States Supreme 5 Court’s holding in Rehaif v. United States, 139 S. Ct. 2191 (2019). In Rehaif, the Court held that 6 7 “in a prosecution under 18 U.S.C. § 922(g) . . . the Government must prove both that the 8 defendant knew he possessed a firearm and that he knew he belonged to the relevant category 9 of persons barred from possessing a firearm.” 139 S. Ct. at 2200. Rehaif is inapplicable given 10 that he was not convicted of being a felon in possession of a firearm while being a prohibited 11 person in violation of 18 U.S.C. §§ 922(g) and 924(a)(2), said count of the indictment was 12 dismissed. 13 Accordingly, Petitioner’s motion to vacate and correct his sentence under 28 U.S.C. § 14 2255 is DENIED. 15 CERTIFICATE OF APPEALABILITY 16 17 It is further ordered that no certificate of appealability should be issued in the event 18 that petitioner files a notice of appeal, because there is no substantial showing of a denial 19 of a constitutional right under 28 U.S.C. § 2253(c)(2). 20 SO ORDERED. 21 In San Juan, Puerto Rico this 15th day of October 2021. 22 s/ Gustavo A. Gelpí GUSTAVO A. GELPI United States District Judge 23 24 2

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