Tony Lomeli v. Brian Birkholz

Good Law
United States District Court, Southern District of CaliforniaJuly 26, 20233:23-cv-00448California1,530 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 9 TONY LOMELI, Case No.: 3:23-cv-00448-JAH-AHG

Petitioner,

ORDER DENYING PETITION FOR

v. WRIT OF HABEAS CORPUS

PURSUANT TO 28 U.S.C. § 2241

BRYAN BIRKHOLZ, Warden,

Respondent. (ECF No. 1). 15 On September 23, 2022, Petitioner Tony Lomeli (“Petitioner”), an inmate housed at FCI Lompoc, filed an “Emergency Motion Seeking Immediate Release from the Bureau of Prisons (“BOP”) and Termination of Sentence Under 28 U.S.C. § 2241.” (Pet., ECF No. 1). After a careful review of the Petition and responses submitted, and for the reasons set forth below, IT IS HEREBY ORDERED the Petition is DENIED. On September 28, 2012, a grand jury returned a five-count Superseding Indictment charging Petitioner with Felon in Possession of a Firearm, in violation of 18 U.S.C. § 922(g)(1) and 924(a)(2); and Conspiracy to Distribute Methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and 846. United States v.…

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