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U.S. v. Leyva

United States District Court, D. Nevada
Sep 13, 2010
2:05-CR-165 JCM (GWF) (D. Nev. Sep. 13, 2010)

Opinion

2:05-CR-165 JCM (GWF).

September 13, 2010


ORDER


Presently before the court is defendant's motion for production of documents and request for leave to file a 2255 motion. (Doc. #98). The government responded (doc. #99), but the defendant has not replied.

I. Production of Documents

II. Relief under 28 U.S.C. § 2255

28, United States Code, § 2255See28 U.S.C. § 2255Griffith v. Kentucky479 U.S. 314321

Here, defendant Leyva's judgment became final on March 11, 2009, ninety (90) days after the Ninth Circuit Court of Appeals' mandate dismissed his appeal. (Doc. #93, 93). This motion was filed on July 20, 2010, more than one year after the date of final judgment. As defendant has not complied with the one-year statute of limitations, the court declines to provide defendant with leave to file a § 2255 motion.

Accordingly,

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that petitioner's motion for production of documents and request for leave to file a 2255 motion (doc. #98) is DENIED.

DATED September 13, 2010.


Summaries of

U.S. v. Leyva

United States District Court, D. Nevada
Sep 13, 2010
2:05-CR-165 JCM (GWF) (D. Nev. Sep. 13, 2010)
Case details for

U.S. v. Leyva

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. BERNARD LEYVA, Defendant

Court:United States District Court, D. Nevada

Date published: Sep 13, 2010

Citations

2:05-CR-165 JCM (GWF) (D. Nev. Sep. 13, 2010)