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United States v. Sanchez-Gonzalez

United States District Court, D. Minnesota

December 13, 2016

UNITED STATES OF AMERICA, Plaintiff/Respondent,
v.
(2) KARINA SANCHEZ-GONZALEZ, Defendant/Petitioner.

          James E. Lackner, Assistant United States Attorney, Counsel for Plaintiff/Respondent.

          Karina Sanchez-Gonzalez, pro se.

          MEMORANDUM OF LAW & ORDER

          Michael J. Davis Judge United States District Court

         I. INTRODUCTION

         This matter is before the Court on Petitioner Karina Sanchez-Gonzalez's Pro Se Motion to Vacate under 28 U.S.C. § 2255. [Docket No. 163]

         II. BACKGROUND

         On May 19, 2009, Karina Sanchez-Gonzalez was indicted for Conspiracy to Distribute Methamphetamine, Count 1, and Aiding and Abetting Possession with Intent to Distribute Methamphetamine, Count 6. [Docket No. 8] On September 3, 2009, a jury returned a verdict of guilty against Sanchez-Gonzalez as to Count 1, Conspiracy to Distribute 50 Grams or More of Methamphetamine (Actual), in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(A) and 846; and Count 6, Aiding and Abetting Possession with Intent to Distribute 50 Grams or More of Methamphetamine (Actual), in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A) and 18 U.S.C. § 2.

         On January 6, 2010, the Court sentenced Sanchez-Gonzalez to 120 months in prison, the statutory mandatory minimum.

         Petitioner appealed both her conviction and her sentence to the Eighth Circuit Court of Appeals. The Eighth Circuit affirmed the conviction and sentencing. United States v. Sanchez-Gonzalez, 643 F.3d 626 (8th Cir. 2011).

         In September 2011, Petitioner filed a Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody. [Docket No. 136] On February 14, 2012, the Court denied Petitioner's § 2255 habeas petition and denied the certificate of appealability. [Docket No. 143] Petitioner appealed and, on July 2, 2012, the Eighth Circuit Court of Appeals denied the certificate of appealability and the appeal was dismissed. [Docket No. 151]

         On January 7, 2013, Petitioner has filed a Pro Se Motion to Reopen Judgment Pursuant to Rule 60(b). [Docket No. 154] Based on the content of the motion, the Court determined that the Rule 60(b) motion was, in fact, a second habeas motion. Because it has not been certified by the Eighth Circuit Court of Appeals, the Court was required to dismiss it. [Docket No. 156]

         Petitioner has now filed a third habeas motion under 28 U.S.C. § 2255. She bases the current motion on her allegation that the Court should apply a role reduction for minor or minimal role under U.S.S.G. App. C, Amendment 794. The Court notes that, at sentencing, Defendant did receive a two-level reduction for minor role. However, due to the application of the statutory mandatory minimum, the mandatory minimum sentence was 120 months.

         III. DISCUSSION

         A. Standard for Relief under ...


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