Castaneda
United States v. Castaneda
Opinion
Lead Opinion
Kozinski, J.
ORDER GRANTING GOVERNMENT’S MOTION TO DISMISS
sitting by designation
The court considers defendant Marcos Castaneda’s motion to correct his sentence under 28 U.S.C. § 2255 , and the government’s motion to dismiss.
BACKGROUND
Castaneda was convicted of four counts of armed bank robbery in 1994. PSR ¶ 1. The probation office’s presentence report determined that Castaneda was a career criminal under the then-mandatory Sentencing Guidelines. PSR ¶¶ 61-62. This gave Castaneda a guidelines range of 262 to 327 months. PSR ¶ 87.
Castaneda objected to the guidelines range, but not to his classification as a career offender. See Objections to Probation Report. The court sentenced him to 320 months of imprisonment: 300 months for each of Counts 1, 2 and 3, all served concurrently, and 20 months for Count 4, served consecutively. See Judgment. This was at the high end of Castaneda’s mandatory Sentencing Guideline range. See PSR Guideline Summary. The sentence reflected Castaneda’s current offenses, career criminal status and conduct during the proceedings, such as attacking his lawyer and a deputy marshal. See Sentencing Hearing Tr. at 24-27; PSR ¶ 65. Castaneda didn’t challenge his…