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United States of America v. Adan Rosales Gonzaga

May 24, 2012

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ADAN ROSALES GONZAGA, DEFENDANT.



ORDER DENYING MOTION PURSUANT TO 28 U.S.C. § 2255 [Motion filed on July 13, 2011]

I. SUMMARY OF PROCEEDINGS

On July 13, 2011, Defendant Adan Rosales Gonzaga filed a "Motion to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody, 28 U.S.C. § 2255." ("Mot."). (Doc. No. 112.)*fn1 On January 9, 2012, the Court modified the briefing schedule for Defendant's Motion, permitting the Government to file its Opposition by January 13, 2012, and Defendant to file his Reply by February 24, 2012. On January 13, 2012, the Government filed its Opposition to the Motion ("Opp'n"), accompanied by the Declaration of Antoine F. Raphael and attached exhibits. Defendant did not file a Reply.

II. BACKGROUND

On October 8, 2008, a federal grand jury in this district returned a seven-count indictment charging Defendant with:

(1) conspiracy to possess narcotics with intent to distribute, in violation of 21 U.S.C. § 846;

(2) manufacturing 1,000 or more marijuana plants, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(A); 18 U.S.C. § 2(a);

(3) manufacturing 1,000 or more marijuana plants, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(A); 18 U.S.C. § 2(a);

(4) intentionally possessing with intent to distribute a mixture and substance containing a detectable amount of marijuana, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(C); 18 U.S.C. § 2(a);

(5) intentionally possessing with intent to distribute a mixture and substance containing a detectable amount of marijuana, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(C); 18 U.S.C. § 2(a);

(6) possessing a firearm during and in relation to and in furtherance of a drug trafficking crime, in violation of 18 U.S.C. §§ 924(c)(1)(A) and (2)(a); and

(7) possessing multiple firearms during and in relation to and in furtherance of a drug trafficking crime, in violation of 18 U.S.C. §§ 924(c)(1)(A) and (2)(a).

(Indictment (Doc. No. 11).) On February 2, 2010, Defendant signed a plea agreement with the Government, agreeing to plead guilty to Counts One and Six of the Indictment. (Plea Agreement (Doc. No. 55 ¶ 2).) On February 16, 2010, the Court, the Honorable Richard A. Paez, Circuit Judge (sitting by designation) presiding, held a change-of-plea hearing for Defendant wherein Defendant changed his plea from "not guilty" to "guilty" for Counts One and Six. (See Min. of Change of Plea Hr'g. (Doc. No. 59).)

On July 20, 2010, the Court sentenced Defendant to 120 months incarceration on Count One, and 60 months on Count Six, to be served consecutively. (J. & Commitment Order (Doc. No. 94).)

Defendant filed his notice of appeal on August 3, 2010 (Doc. No. 97), and the Ninth Circuit affirmed his sentence on November 8, 2011. See United States v. Gonzaga, No. ...


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