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United States v. Sanchez

United States District Court, D. Idaho

September 12, 2016

UNITED STATES OF AMERICA, Plaintiff-Respondent
v.
JESUS GUADALUPE SANCHEZ, Defendant-Movant.

          MEMORANDUM DECISION AND ORDER

          B. Lynn Winmill Chief Judge

         INTRODUCTION

         Pending before the Court is Jesus Guadalupe Sanchez's (“Sanchez”) Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence (Civ. Dkt. 1) (Crim. Dkt. 676). Having conducted a preliminary review of the Motion pursuant to Rule 4 of the Rules Governing Section 2255 Proceedings, the Court enters the following Order dismissing the Motion.

         BACKGROUND

         Sanchez was convicted following a jury trial of conspiracy to possess with intent to distribute methamphetamine and of possession with intent to distribute methamphetamine. Jury Verdict, Crim. Dkt. 459. On April 8, 2013, the Court imposed a sentence of 400 months on each count to run concurrently and to be followed by five years of supervised release on each count to run concurrently, and Judgment was entered on April 9, 2013.[1] Sentencing Minutes, Crim. Dkt. 581; Judgment, Crim. Dkt. 583. On July 21, 2014, the Ninth Circuit Court of Appeals affirmed his sentence. USCA Mem., Crim. Dkt. 656. On December 1, 2014, the United States Supreme Court denied his petition for a writ of certiorari. U.S. Sup. Ct. Letter, Crim. Dkt. 661. On March 10, 2016, the Court received the pending § 2255 Motion accompanied by a letter of transmittal dated March 6, 2016 (Civ. Dkt. 1-2).

         Sanchez's letter stated that he had “mailed a copy of a 2255 petition and Brief in support of that Petition” on October 1, 2015, that he had recently been informed that his Petition had not been received by the Court, and that he was enclosing copies “of the Petition and Brief in support I originally mailed to your office.”

         The § 2255 Motion was Dated: October 1, 2015, and contained a declaration under penalty of perjury that it was placed in the prison mailing system on October 1, 2015. § 2255 Motion, at 14. The Certificate of Service on the accompanying brief states under penalty of perjury that the document was mailed to the Clerk of Court on October 1, 2015.

         STANDARD OF LAW

         A motion pursuant to 28 U.S.C. § 2255 must be brought within one year of the latest of the following possible dates:

(1) the date on which the judgment of conviction becomes final;
(2) the date on which the impediment to making a motion created by governmental action in violation of the Constitution or laws of the United States is removed, if the movant was prevented from making a motion by such governmental action;
(3) the date on which the right asserted was initially recognized by the Supreme Court, if that right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or
(4) the date on which the facts supporting the claim or claims presented could have been discovered through the ...

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