Opinion
Nos. 03 C 00012, 00 CR 781-3
January 3, 2003
MEMORANDUM ORDER AND OPINION
Jose Leyva-Bueno ("Leyva"), acting through new counsel, has just filed a document captioned "Motion To Vacate or Set Aside Sentence by A Person in Federal Custody," seeking to invoke 28 U.S.C. § 2255 ("Section 2255"). But because the motion on its face, together with the underlying documents from Leyva's criminal case, clearly confirm that the current motion has been filed beyond the statutory time limit, the motion is denied at the outset.
After he entered a March 30, 2001 guilty plea to Count Four of a three-defendant four-count indictment, Leyva was sentenced on June 28, 2001. Over and above the fact that this Court distinctly recalls the meticulousness with which it conducted its Fed.R. Cr. B. 11 interrogation of Leyva to confirm that it was both knowing and voluntary (the latter issue is what is sought to be challenged by the current motion), Leyva's difficulty here is that well over a year has therefore elapsed since his conviction became final. Under Section 2255 that kind of interval serves as a time bar to the motion.
Both of those dates are confirmed in the Background section of Leyva's current motion.
Accordingly "it plainly appears from the face of the motion and any annexed exhibits and the prior proceedings in the case that the movant is not entitled to relief in the district court" (Rule 4(b) of the Rules Governing Section 2255 Proceedings for the United States District Courts). That compels the summary dismissal of the motion (id.). and this Court so orders.