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UNITED STATES OF AMERICA, Plaintiff, v. JOEL MEJIA-PLASENCIA, Defendant.

OPINION AND ORDER

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.

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U.S. v. MEJIA-PLASENCIA, (D.Or. 2002)
(Apr 1, 2002)