Opinion
Case Number: 01 C 50206
July 13, 2001
JUDGMENT IN A CIVIL CASE
[ ] Jury Verdict. This action came before the Court for a trial by jury. The issues have been tried and the jury rendered its verdict.
[X] Decision by Court. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered.
IT IS HEREBY ORDERED AND ADJUDGED that Guillermo Maya-Dominguez's motion under 28 U.S.C. § 2255 is summarily dismissed.
MEMORANDUM OPINION AND ORDER
On June 27, 2001, Guillermo Maya-Dominguez, a federal prisoner serving a sentence of imprisonment for a controlled substance conviction has filed a motion under 28 U.S.C. § 2255 to vacate, set aside, or correct his sentence. He states a supporting brief will follow within 10 days, although it has not been forthcoming. Nevertheless, the motion must be summarily dismissed as untimely since it has not been filed within the one-year period of limitation in section 2255. Following his plea of guilty, Maya-Dominguez was sentenced on October 20, 1999 and took no direct appeal (it was waived in his plea agreement). This motion is more than one year from the date his conviction became final and none of the other subsections of section 2255 pertinent to the limitations period apply to extend the time any longer. While the motion appears to be based on the recent opinion in Apprendi v. New Jersey, 530 U.S. 466 (2000), that case is not retroactive to cases on collateral review. See Talbot v. Indiana, 226 F.3d 866 (7th Cir. 2000). Motion is summarily dismissed.