Magana-Gonzalez
Magana-Gonzalez v. United States
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 UNITED STATES OF AMERICA Case No.: 17cr3077-LAB and 19cv2276 Plaintiff,
v. ORDER DENYING PETITION
UNDER 28 U.S.C. § 2255
ADALBERTO MAGANA-
GONZALEZ
15 Defendant.
17 Defendant Adalberto Magana-Gonzales filed a direct appeal on September 25, 2018. The Ninth Circuit in a memorandum affirmed his conviction on October 22, 2019, but granted his motion to extend the time for him to file a petition for rehearing or rehearing en banc. Then he filed this petition under 28 U.S.C. § 2255 on November 26, 2019. As of today, the mandate has not issued, and the appeal is still pending. A § 2255 petition filed while a direct appeal is still pending will be denied, because the disposition of the appeal may render the petition unnecessary. Feldman v. Henman, 815 F.2d 1318, 1320 (9th Cir. 1987). / / / / / / The petition is DENIED WITHOUT PREJUDICE. This order does not prevent 2 || Magana-Gonzalez…