Martinez-Flores
Martinez-Flores v. United States
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
Case No. 5:17-cr-00068-7 EJD
UNITED STATES OF AMERICA,
Case No. 5:21-cv-05492 EJD 9 Plaintiff, ORDER GRANTING UNITED STATES’ v. MOTION TO DISMISS UNTIMELY
MOTION
ALEXANDER MARTINEZ-FLORES,
Defendant.
13 Presently before the Court is the United States’ Motion to Dismiss an untimely filed motion by Defendant Alexander Martinez-Flores (“Defendant”) pursuant to 28 U.S.C. § 2255. ECF No. 383. Having reviewed both the United States’ Motion and Defendant’s § 2255 Motion to Vacate, the Court GRANTS the United States’ Motion to Dismiss. I. BACKGROUND Defendant pleaded guilty to one count of Racketeering Conspiracy in violation of 18 U.S.C. § 1962(d), one count of Conspiracy to Commit Extortion by Force in violation of 18 U.S.C. § 1951(a), one count of Conspiracy to Commit Murder in Aid of Racketeering in violation of 18 U.S.C. § 1959(a)(5), and one count of Use of a…