United States District Court, S.D. California
ORDER DENYING MOTION [DOC. 1]
ROGER T. BENITEZ, United States District Court Judge.
Richard Glen Mathews filed a Motion to Vacate, Set Aside, or
Correct his Sentence pursuant to 28 U.S.C. § 2255. For
the reasons discussed below, the motion is
morning of May 15, 1991, James Wilson walked through the
alley behind Ebony Street in Imperial Beach, California,
picking up aluminum cans. United States v. Mathews,
36 F.3d 821, 822 (9th Cir. 1994). Wilson noticed a box near
120 Ebony Street, a residence rented by the president of the
Mongols motorcycle gang's San Diego Chapter. Id.
When Wilson picked up the box, a bomb within it detonated,
blinding and deafening Wilson. Id. Wilson
additionally suffered severe burns, lacerations, multiple
fractures, and lost a finger. Id. He died seven
months later. Id.
Richard Glen Mathews and his co-conspirator, Michael Webb,
were responsible for creating and planting the bomb that
destroyed Wilson's life and ultimately, accelerated his
death. Id. The bomb took three days to make and
contained steel balls, designed to cause severe injury to any
person or property nearby. Id.
a jury trial in 1993, Movant was convicted of six felony
counts: Count 1 - conspiracy to bomb property in and
affecting interstate commerce, in violation of 18 U.S.C.
§§371 and 844(i)(2); Count 2 - bombing property in
and affecting interstate commerce causing injury, in
violation of 18 U.S.C. § 844(i), and aiding and abetting
under 18 U.S.C. § 2; Count 3 - using and carrying a
firearm during a crime of violence, in violation
of 18 U.S.C. § 924(c)(1) and (c)(2); Count 5 - felon in
possession of a firearm, in violation of 18 U.S.C.
§§ 922(g)(1) and 924(e)(1); Count 6 - unlawfully
manufacturing the bomb, in violation of 26 U.S.C.
§§ 5861(f)(2), 5871, and aiding and abetting under
18 U.S.C. § 2; and Count 7 - unlawful possession of an
unregistered firearm in violation of 26 U.S.C. §§
5861(d), 5871, and aiding and abetting under 18 U.S.C. §
filed two direct appeals and was resentenced twice. At
Movant's second resentencing hearing on October 14, 1997,
he was sentenced to a total of 495 months imprisonment,
• 60 months on Count 1;
• 135 months on Counts 2, 5-7, concurrently and
concurrent to Count 1; and
• 360 months on Count 3, consecutively to all other
relevant here, Count 3 for using and carrying a firearm
during a crime of violence, in violation of 18 U.S.C. §
924(c)(1) and (c)(2), carried a mandatory minimum sentence of
30 years (360 months) to be served consecutively to the other
February 17, 1998, the Court denied Movant's motion for a
certificate of appealability, finding probable cause did not
exist for any appeal. Movant did not file the instant §
2255 motion until June 2, 2016.
argues his 30-year sentence and conviction for Count 3 for
using a bomb in the commission of a "crime of
violence"-bombing under the federal arson statute,
§ 844(i)-must be vacated because his bombing conviction
is not a "crime of violence, " as defined
by § 924(c)(3). In opposition, the government raises two
procedural challenges: that Movant's motion is untimely
under § 2255(f) and that Movant procedurally defaulted
on his claim by failing to raise ...