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Juvera v. United States

September 28, 2007

RACHEL JUVERA
v.
UNITED STATES OF AMERICA



The opinion of the court was delivered by: Wm. R. Wilson, Jr. United States District Judge

ORDER

Pending is Petitioner's Motions to Vacate Under 28 U.S.C. § 2255 (Doc. No. 593).

I. BACKGROUND

On March 24, 2006, Petitioner pled guilty to Count 1 of the Fifth Superseding Indictment --conspiracy to distribute more than 1,000 kgs or marijuana, a violation fo 21 U.S.C. §§ 841(a)(1) and 846.*fn1 On July 6, 2006, Petitioner was sentenced to 121 months in prison.*fn2 Petitioner did not file an appeal with the Eighth Circuit Court of Appeals.

II. DISCUSSION

There is a one-year status of limitations for actions brought under 28 U.S.C. § 2255.*fn3 Since Petitioner did not file an appeal with the Eighth Circuit Court of Appeals, her one-year period to file a § 2255 motion began on July 16, 2006*fn4 and expired on July 16, 2007. Petitioner's motion is dated August 5, 2007.*fn5

Petitioner admits that her motion "is in excess of the statutory period" for filing a habeas petition, but blames this delay on "her inability to understand the law of the United State and not having an effective counsel."*fn6 Neither excuse, without more, is sufficient to warrant equitable tolling of the statute of limitations.*fn7

CONCLUSION

Since it was filed after the expiration of limitations provisions of § 2255, Petitioner's Motions to Vacate Under 28 U.S.C. § 2255 (Doc. No. 593) is DENIED.

IT IS SO ORDERED this 28th day of ...


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