Saucedo-Murillo v. USA

Filing 2

ORDER denying Motion to Vacate, Set Aside or Correct Sentence (2255) - CASE CLOSED. Signed by Judge Tena Campbell on 3/1/11 (alt)

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Saucedo-Murillo v. USA Doc. 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION AGUSTIN SAUCEDO-MURILLO, Petitioner, ORDER AND MEMORANDUM DECISION vs. UNITED STATES OF AMERICA, Respondent. Criminal Case No. 2:06-CR-615-002 TC Civil Case No. 2:11 CV 195 TC Mr. Agustin Saucedo-Murillo has filed a pro se petition for habeas relief under 28 U.S.C. 2255. On January 16, 2007, Mr. Saucedo-Murillo pled guilty to conspiracy to possess marijuana with intent to distribute. He was sentenced on June 28, 2007, and the Judgment was entered on June 29, 2007. Mr. Saucedo-Murillo did not file an appeal. Mr. Saucedo-Murillo's petition must be denied for two reasons: First, Mr. Saucedo-Murillo entered into a plea agreement (Dkt. 26, Criminal Case 2:06 CR 615 TC) and in paragraph 9(d) he agreed to waive his right to challenge his sentence in any collateral review including, but not limited to, a motion brought under 28 U.S.C. 2255. Second, Mr. Saucedo-Murillo's petition is time-barred. The one-year limitation period began to run on July 16, 2007, (the date on which the judgment of conviction became final). Under Federal Rule of Appellate Procedure 4(b), Mr. Saucedo-Murillo had ten days from June 29, 2007, (excluding weekends and holidays), or--until July 16, 2007--to appeal his conviction. He did not, however, appeal, and the opportunity for certiorari review expired. As a result, the one year time period for Mr. Saucedo-Murillo's 2255 petition began to run on July 16, 2007. Therefore, for his petition to be timely, Mr. Saucedo-Murillo's 2255 petition had to be filed no later than July 16, 2008. Mr. Saucedo-Murillo's petition was filed February 22, 2011, more than two and one-half years after his conviction became final. Consequently, his 2255 petition is time-barred. ORDER For the foregoing reasons, the 2255 petition is DENIED. DATED this 1st day of March, 2011. BY THE COURT: TENA CAMPBELL United States District Court Judge 2

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