USA v. Murillo

THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH
UNITED STATES OF AMERICA,
Plaintiff,
v.
JAXSON MURILLO,
Defendant.
MEMORANDUM DECISION AND
ORDER DENYING DEFENDANT’S
MOTION TO SET ASIDE CONVICTION
Case No. 4:19-cr-112-DN
District Judge David Nuffer
Defendant Jaxson Murrillo (“Mr. Murrillo”) filed a Motion for Reward of Federal Time
Credit/Case Review Under 3582-C-1-A (“Motion”) stating that he was not “given all federal
time credit in my unlawful 922-G-1 Conviction.”1 The Motion was taken under advisement on
December 15, 2025.2
Mr. Murrillo’s Motion is untimely. Similar to his previous motion, filed in September,
requesting the same relief,3 Mr. Murrillo cites N.Y. State Rifle & Pistol Ass’n, Inc. v. Bruen, 597
U.S. 1 (2022).4 Mr. Murillo once again argues that under Bruen his § 922(g)(1) conviction
should be set aside based on his Second Amendment right to bear arms.5 But 28 U.S.C. § 2255
governs collateral challenges to convictions.6 And a § 2255 motion must be filed within a year of
1 Motion for Reward of Federal Time Credit/Case Review Under 3582-C-1-A, docket no. 55, filed December 8,
2025.
2 Docket Text Order 56.
3 See Docket no. 51.
4 Motion at 2; see generally New York State Rifle & Pistol Ass'n, Inc. v. Bruen, 597 U.S. 1 (2022).
5 Id.
6 28 U.S.C. § 2255(f).
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final judgment.7 Mr. Murillo has not identified any exceptions, nor is any exception applicable.8
Thus, liberally construing Mr. Murillo’s motion as a § 2255 motion, it is untimely.
IT IS HEREBY ORDERED that Defendant’s Motion9 is DENIED.
Signed January 7, 2026.
BY THE COURT
________________________________________
David Nuffer
United States District Judge
7 Id.
8 See id.; see also Docket no. 55.
9 Docket no. 55.
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