United States v. Jose Bravo-Diaz

The United States of America appeals from an order of the district court vacating a 1974 drug-smuggling conviction of appel-lee, Jose Bravo-Diaz. The district court, purporting to act under 28 U.S.C. section 1651 (a) (the “All Writs Act”), vacated Bravo-Diaz’s conviction in a document styled as an “Order Granting Defendant’s Writ for Relief from Judgment.” The United States contends that the district court was without jurisdiction to issue such an order. We have jurisdiction pursuant to 28 U.S.C. section 1291 . Because the district court did not have jurisdiction, we REVERSE.

Facts

On November 18,1974, Jose Bravo-Diaz was convicted of smuggling 84 pounds of marijuana into the United States in violation of 21 U.S.C. sections 952 , 960 and 963. He was sentenced to 100 days in prison and 3 years of probation. He also was ordered not to re-enter the United States were he deported. Upon completion of his 100-day prison term, Bravo-Diaz was deported to Mexico. Subsequent to his deportation, he re-entered the United States illegally. He married a U.S. citizen in 1977. In 1997, Bravo-Diaz pleaded guilty to a domestic violence charge. He was again deported in 1998. He re-entered…