Jose Alberto Mora-Higuera v. United States
Opinion
In 2000, Jose Alberto Mora-Higuera pleaded guilty to four counts related to methamphetamine and cocaine distribution and one count of unlawful reentry after removal. The district court classified Mora-Higuera as a career offender under United States Sentencing Guidelines § 4B1.1 and sentenced him to 292 months' imprisonment. As relevant here, the district court determined that one of Mora-Higuera's convictions-California second-degree robbery-qualified as a predicate "crime of violence" under § 4B1.2 of the Guidelines. We affirmed Mora-Higuera's sentence on appeal.
See
United States v. Mora-Higuera
,
We review de novo the district court's dismissal of a § 2255 motion based on the statute of limitations.
E.J.R.E. v. United States
,
Mora-Higuera argues that his motion is timely under § 2255(f)(3) because he filed it within one year of the Supreme Court's decision in Johnson , which invalidated the residual clause of the Armed Career Criminal Act. Mora-Higuera argues that Johnson also effectively invalidated the residual clause of § 4B1.2(a)(2) of the mandatory Guidelines that were in effect at the time of his original sentencing.
Mora-Higuera's arguments are foreclosed by
Russo
. In that case, we held that the right Mora-Higuera asserts here-"a right under the Due Process Clause to be sentenced without reference to the residual clause of § 4B1.2(a)(2) under the mandatory guidelines"-was "not dictated by
Johnson
."
The judgment of the district court is affirmed.
The district court subsequently reduced Mora-Higuera's sentence to 262 months' imprisonment based on Amendment 782 to the Guidelines.
See
The Honorable Donovan W. Frank, United States District Judge for the District of Minnesota.
Reference
- Full Case Name
- Jose Alberto MORA-HIGUERA, Petitioner - Appellant v. UNITED STATES of America, Respondent - Appellee
- Cited By
- 29 cases
- Status
- Published