Jaquez v. United States of America
ORDER denying Motion to Vacate, Set Aside or Correct Sentence (2255); mailed to Juan Jaquez #26300-064 WASHINGTON-ACCC P O Box 1600 Washington, MS 39190. Signed by Honorable Robin J. Cauthron on 9/7/17. (lg)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
UNITED STATES OF AMERICA,
Case No. CR-08-145-11-C
MEMORANDUM OPINION AND ORDER
Defendant filed the present action pursuant to 28 U.S.C. § 2255 to Vacate, Set
Aside, or Correct Sentence by a Person in Federal Custody. In his Motion, Defendant
asserts his court-appointed counsel was ineffective in his defense of the underlying case
where Defendant entered a guilty plea to one count of a superseding information. The
Court accepted Defendant’s guilty plea and sentenced him to 10 years’ imprisonment.
Plaintiff responded to the § 2255 Motion and it is now at issue.
The Motion must be denied due to its untimeliness. The Court entered Judgment
on January 5, 2011, and it became final thirty days later. * Therefore, Plaintiff had until
February 4, 2012, to file this Motion. See 28 U.S.C. § 2255(f)(1). However, Plaintiff did
not file the present Motion until June 15, 2017, well beyond the period of limitation.
Plaintiff presents no equitable tolling argument, nor do the facts of the case justify tolling.
Defendant did make a Motion for Reduction of Sentence Pursuant to 18 U.S.C.
§ 3582(c)(2) on July 13, 2015, which the Court denied and Defendant appealed. The Tenth Circuit
entered its judgment affirming the decision on February 18, 2016. The appeal was unrelated to
the judgment of conviction, and thus the time accrued from the date the Judgment became final.
Even if time accrued at the conclusion of the appeal, the Motion would still be untimely.
Accordingly, Defendant’s Motion under § 2255 to Vacate, Set Aside, or Correct
Sentence by a Person in Federal Custody (Dkt. No. 625) is DENIED. A separate Judgment
IT IS SO ORDERED this 7th day of September, 2017.
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