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Juvera v. United States

October 15, 2007

ARMANDO JUVERA PETITIONER
v.
UNITED STATES OF AMERICA RESPONDENT



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. 596).

I. BACKGROUND

On March 24, 2006, Petitioner pled guilty to Count 1 of the Information -- knowingly and intentionally possessing with the intent to distribute more than 100 but less than 400 kilograms of a mixture and substance containing a detectable amount of marijuana, a violation of 21 U.S.C. §§ 841(a)(1).*fn1 On July 6, 2006, Petitioner was sentenced to sixty (60) months in prison.*fn2 Petitioner did not file an appeal with the Eighth Circuit Court of Appeals.

II. DISCUSSION

There is a one-year statute 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, his 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 September 24, 2007.*fn5

Petitioner admits that his motion "is in excess of the statutory period" for filing a habeas petition, but blames this delay on "his inability to read, write, and speak English and his lack of understanding of the U.S. Criminal System," and on not having 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. 596) is DENIED.

IT IS SO ORDERED this 15th day of ...


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