Tony Buck v. Brian Birkholtz

BACKGROUND

17 On April 24, 2023, Petitioner, who is housed at the U.S. 18 Penitentiary at Lompoc, filed under 28 U.S.C. § 2241 a Petition 19 for Writ of Habeas Corpus by a Person in Federal Custody. 20 In September 1995, Petitioner — looking for “cash sent 21 through the mail” — robbed a postal worker at gunpoint and a week 22 later with accomplices robbed and shot in the head a different 23 postal worker. United States v. Buck, 23 F.4th 919, 922 (9th 24 Cir. 2022). He was convicted in 1996 in the District of Arizona 25 of two counts of assaulting a mail carrier with intent to steal 26 mail under 18 U.S.C. § 2114(a), one count of attempted murder of 27 a mail carrier under § 1114, and three counts of using a firearm 28 during and in relation to a crime of violence under § 924(c)(1), 1 as well as an aiding-and-abetting charge. See id. at 922-23; (see also Pet., ECF No. 1 at 2). He was sentenced to a total prison term of 510 months. Buck, 23 F.4th at 923. He appealed, but the Ninth Circuit Court of Appeals affirmed the judgment. See United States v. Buck, 133 F.3d 929 (9th Cir. 1997) (unpublished). And the Supreme Court denied his petition for a writ of…