Perez-Perez

Perez-Perez v. United States

Good Law
United States District Court, Southern District of CaliforniaNovember 16, 20233:23-cv-02071California399 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 EFRAIN PEREZ-PEREZ, Case No. 23-cv-2071-BAS-DEB

Plaintiff,

ORDER DENYING PETITION FOR

v. WRIT OF HABEAS CORPUS

WITHOUT PREJUDICE AND

UNITED STATES OF AMERICA,

DIRECTING CLERK TO CLOSE

Defendant. CASE 16 In 2021, in his criminal case, Mr. Perez-Perez wrote a series of letters to the Court requesting reconsideration of his sentence. (No. 16-cr-1008-BAS-1, ECF Nos. 164, 166, 168.) Specifically, Mr. Perez-Perez asked the Court to order that he be given credit toward his federal sentence for time served in state custody. (Id.) The Court denied the request. (Id., ECF No. 174.) To the extent Mr. Perez-Perez was requesting modification of his sentence under 28 U.S.C. § 2255, the time for such filing had expired. Since Defendant was requesting that he be given credit for the time spent in state custody, the Court found this could be construed as a challenge to the manner in which the Bureau of…

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