Salvador Arteaga Aragon v. United States
Opinion
Trial Court Opinion
I. Introduction
On January 12, 2018, a jury convicted Salvador Arteaga Aragon (“Petitioner”) of the following counts: 1. Conspiracy to distribute methamphetamine, in violation of 21 U.S.C. §§ 846, 841(b)(1)(A); and 2. Distribution of methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A)(viii). CR Dkt. 91 (minutes);1 CR Dkt. 94 (sealed verdict form); CR Dkt. 95 (redacted verdict form). On July 23, 2018, a judgment and probation/commitment order issued. CR Dkt. 174. The order committed Petitioner to the custody of the Bureau of Prisons for a term of 121 months. Id. On March 27, 2020, Salvador Arteaga Aragon (“Petitioner”) filed a motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255 (“Motion”). CV Dkt. 1. For the reasons stated in this Order, the Motion is DENIED. Because this Order does not address the merits of the matters presented in the Motion, any future motion by the Petitioner pursuant to 28 U.S.C. § 2255 will not be deemed a “second or successive motion.” Green v. White, 223 F.3d 1001, 1002 (9th Cir. 2000) (citing Slack v. McDaniel, 529 U.S. 473, 485-86 (2000)).