United States v. Reves

Defendants Reves and Bedford appealed the denial of their motions to vacate their sentence. Defendants' convictions stemmed from their involvement in a scheme in ensuring that Sunlaw Energy received a bid to construct a plant in the Port of Stockton instead of Sunlaw's competitor. The court concluded that the district court did not have jurisdiction to consider Bedford's 18 U.S.C. 2255 motion where Bedford was not actually in custody at the time he filed his motion. Therefore, the court reversed the denial of Bedford's section 2255 motion to vacate his sentence and remanded with instructions to dismiss the motion for lack of jurisdiction. The court concluded that the district court properly concluded that Reves's section 2255 motion was untimely and that he did not qualify for the actual innocence or equitable tolling exceptions. Further, Reves expressly waived his right to collaterally attack his conviction or sentence through a section 2255 motion in his plea agreement and during his change of plea colloquy. Accordingly, the court affirmed the judgment as to Reves. View "United States v. Reves" on Justia Law