Javier Ponce Castellon v. United States

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5 6 7 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 UNITED STATES OF AMERICA, ) Case No. SACV 17-00917 DDP ) [CR 98-00143 DDP] Plaintiff, ) ) v. ) ORDER GRANTING MOTION TO DISMISS ) JAVIER PONCE CASTELLON, ) ) Defendants. ) ) 16 Presently before the court is the government’s Motion to Dismiss Defendant’s Motion for Relief Pursuant to 28 U.S.C. § 2255. Having considered the submissions of the parties, the court grants the motion and adopts the following Order. I. Background Petitioner Javier Ponce Castellon (“Petitioner”) was a leader of a drug trafficking organization headed by his brother, Jose Ponce Castellon (“Jose”). In 2000, a jury convicted Petitioner and his brother of multiple drug trafficking offenses. In 2002, another judge of this Court sentenced Petitioner to 360 months imprisonment, followed by five years of supervised release. Petitioner and his brother, Jose, filed separate appeals that same day. 8:98-cr-00143, Dkt. 636,…