HELEN J. FRYE, United States District Judge.
The matters before the court are 1) the defendant's motion under 28 U.S.C. § 2255 to vacate, set aside, or correct sentence (#24); and the plaintiff's motion to dismiss the defendant's motion to vacate, set aside, or correct sentence, filed under 28 U.S.C. § 2255 (#26).
On July 23, 1996, this court entered a final judgment sentencing the defendant, Joel Mejia-Plasencia, to 24 months in prison. No appeal was filed.
On January 3, 2002, the defendant filed a motion under 28 U.S.C. § 2255 to vacate, set aside, or correct sentence.
On January 9, 2002, the plaintiff, the United States of America, moved to dismiss the defendant's motion under 28 U.S.C. § 2255 on the grounds that it was not timely filed.
RULING OF THE COURT
28 U.S.C. § 2255 provides, in relevant part, that "[a] 1-year period of limitation shall apply to a motion under this section. The limitation period shall run from the latest of — (1) the date on which the judgment of conviction becomes final. . . ."
The judgment of conviction became final on July 23, 1996. No appeal was filed. There are no facts or law which would extend the one-year period. The defendant's motion under 28 U.S.C. § 2255 to vacate, set aside, or correct sentence is time-barred.
IT IS HEREBY ORDERED that the plaintiff's motion to dismiss the defendant's motion to vacate, set aside, or correct sentence, filed under 28 U.S.C. § 2255 (#26) is GRANTED; and the defendant's motion under 28 U.S.C. § 2255 to vacate, set aside, or correct sentence (#24) is DISMISSED. Judgment will be entered for the plaintiff and against the defendant.