United States v. Rened Martinez

U.S. Court of Appeals for the Fourth Circuit

United States v. Rened Martinez

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 19-7392

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

RENED MARTINEZ,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Greenville. Mary G. Lewis, District Judge. (6:06-cr-00503-MGL-2)

Submitted: January 21, 2020 Decided: January 24, 2020

Before WILKINSON, KEENAN, and THACKER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Rened Martinez, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Rened Martinez appeals the district court’s order denying his motion for a new trial,

pursuant to Federal Rule of Criminal Procedure 33, in which he sought to challenge his

conviction in light of the Supreme Court’s decision in Rehaif v. United States,

139 S. Ct. 2191, 2194

(2019) (holding that, in

18 U.S.C. § 922

(g)(1) (2018) prosecution, “the

Government . . . must show that the defendant knew he possessed a firearm and also that

he knew he had the relevant status when he possessed it”). We have reviewed the record

and find no reversible error. Accordingly, we affirm for the reasons stated by the district

court. United States v. Martinez, No. 6:06-cr-00503-MGL-2 (D.S.C. Aug. 22, 2019). If

Martinez wishes to raise a new constitutional claim, he must do so in a motion to vacate,

set aside, or correct the sentence pursuant to

28 U.S.C. § 2255

. A second or successive

motion must be authorized by this Court. See

28 U.S.C. § 2244

. We dispense with oral

argument because the facts and legal contentions are adequately presented in the materials

before this Court and argument would not aid the decisional process.

AFFIRMED

2

Reference

Status
Unpublished