Heberto Bocanegra v. United States

BACKGROUND

On January 24, 2020, Petitioner Heberto Bocanegra (“Petitioner”), a federal prisoner incarcerated at the Federal Correctional Institution (Victorville #II) in Adelanto, California and proceeding pro se, filed a Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2241 (the “Petition”). (Dkt. No. 1.) Along with the form Petition, Petitioner attached a typewritten Memorandum outlining his arguments in support of his request for relief (“Attachment to Petition”). (Id.) According to the Petition, Petitioner is incarcerated within this district but was convicted in November 2007, following a guilty plea, in the Northern District of Texas (the “Sentencing Court”). Petitioner alleges that his sentence is illegal and he is “legally and factual [sic] innocent of the conviction on Count Five of his indictment” based on the Supreme Court’s decision in United States v. Davis, 139 S. Ct. 2319 (2019). (Petition at 7.)

Petitioner appealed his conviction to the Fifth Circuit, and, on June 5, 2008, the Fifth Circuit dismissed his appeal based on Petitioner’s waiver of appeal. See United States v. Bocanegra, No. 07-11259 (5th Cir. Jun. 5, 2008). …