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Rodrigues v. United States

United States District Court, D. Hawaii

April 14, 2016

WADE T. RODRIGUES, Petitioner,
v.
UNITED STATES OF AMERICA, Respondent. Criminal No. 94-02233 HG-1

ORDER GRANTING PETITIONER WADE T. RODRIGUES’ MOTION TO REFER THIS MATTER TO THE NINTH CIRCUIT FOR §2255(h) CERTIFICATION

HELEN GILLMOR UNITED STATES DISTRICT JUDGE

On March 29, 2016, Petitioner Wade T. Rodrigues filed a MOTION UNDER 28 U.S.C. § 2255 TO VACATE, SET ASIDE, OR CORRECT SENTENCE BY A PERSON IN FEDERAL CUSTODY. (ECF No. 130). He previously filed a Section 2255 habeas motion in 2001, which the Court denied on the merits.

The current Section 2255 Motion claims that Petitioner’s sentence is unconstitutional pursuant to the Supreme Court’s decisions in Johnson v. United States, 135 S.Ct. 2551 (2015) and Descamps v. United States, 133 S.Ct. 2276 (2013).

The Court finds that the current Section 2255 Motion is a “second or successive” petition that requires certification from the Ninth Circuit Court of Appeals before this Court may assert jurisdiction.

BACKGROUND

On November 17, 1994, the grand jury returned an Indictment charging Petitioner Wade T. Rodrigues (“Petitioner”) as follows:

Count 1: being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1);
Count 2: being a felon in possession of ammunition in violation of 18 U.S.C. § 922(g)(1);
Count 3: being over the age of eighteen and knowingly and intentionally attempting to distribute a quantity of methamphetamine to a person under the age of twenty-one in violation of 21 U.S.C. §§ 841(a)(1), 846, 859;
Count 4: knowingly using and carrying a firearm during and in relation to a drug trafficking crime in violation of 18 U.S.C. § 924(c)(1);
Count 5: knowingly and intentionally possessing a quantity of cocaine in violation of 21 U.S.C. § 844(a);
Count 6: being an unlawful user of a controlled substance and knowingly possessing a firearm in violation of 18 U.S.C. § 922(g)(3).

(Indictment, ECF No. 1).

On March 23, 1995, after a jury trial, Petitioner was found guilty as to Counts 1, 2, 3, 4, and 5 in the Indictment, and a mistrial was ...


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