Castellon-Gutierrez v. United States

MEMORANDUM OPINION

WILLIAM D. QUARLES, JR., District Judge.

Pending is Christian Castellon-Gutierrez’s motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255. Also pending is the Government’s motion to dismiss. A hearing was held on October 7, 2010. For the following reasons, Castellon-Gutierrez’s motion will be denied, and the Government’s motion will be granted.

I. Background

In February 2008, Castellon-Gutierrez and two other men robbed Marvin Flores at knifepoint. Pl.’s Mot. to Vacate, Ex. C at 2. When police stopped Castellon-Gutierrez, Flores’s jacket was found on the…