MDY Industries, LLC v. Blizzard Entertainment, Inc. et al

Filing 80

SEALED EXHIBITS re 45 filed by MDY Industries, LLC, Michael Donnelly. (Attachments: #(1) Exhibit I)(MAP)

MDY Industries, LLC v. Blizzard Entertainment, Inc. et al

Doc. 80

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Carlos Miguel Angulo-Gonzalez, Petitioner, vs. United States, Respondent. ) ) ) ) ) ) ) ) ) )

No. 05-CV-387-TUC JMR No. 99-CR-1156-TUC-JMR ORDER

On November 20, 2000, following a plea of guilty to violating 21 U.S.C. § 846 & 841(a)(1), Conspiracy to Possess with Intent to Distribute Heroin and Methamphetamine, Petitioner was sentenced to 135 months imprisonment. The judgment was entered November 30, 2000. Petitioner did not appeal. On May 23, 2005, Petitioner filed a Motion to Vacate, Set Aside, or Correct Sentence by Person in Federal Custody under 28 U.S.C. § 2255. "A 1-year period of limitation shall apply to a motion under" § 2255. 28 U.S.C. § 2255. Under that section, the period of limitations runs from "the date on which the judgment of conviction becomes final." Because Petitioner did not appeal, his judgment became final on December 14, 2000, the expiration of his time to file an appeal. His petition is, therefore, time-barred. Petitioner claims that he is entitled to re-sentencing as a result of the Supreme Court's decision in United States v. Booker, 543 U.S. 220 (2005). However, Booker does not apply retroactively to convictions that became final prior to its pronouncement. United States v.

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Cruz, 423 F.3d 1119, 1121 (9th Cir. 2005). Because he did not appeal, Petitioner's conviction became final on December 14, 2000, more than 4 years before Booker was published. Accordingly, IT IS ORDERED that Petitioner's Motion to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody is DENIED. IT IS FURTHER ORDERED that CV 05-387 TUC JMR is DISMISSED WITH PREJUDICE. DATED this 14th day of July, 2008.