Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Rubiano v. United States

United States District Court, M.D. Florida, Orlando Division

May 2, 2017

WILLIAM PAEZ RUBIANO, Petitioner,
v.
UNITED STATES OF AMERICA, Respondent.

          ORDER

          ROY B. DALTON JR. United States District Judge

         This case involves an Amended Motion to Vacate, Set Aside, or Correct Sentence (“Amended Motion to Vacate, ” Doc. 5) pursuant to 28 U.S.C. § 2255 filed by William Paez Rubiano. The Government filed a Response to the Amended Motion to Vacate (“Response, ” Doc. 7). Petitioner filed a Reply to the Response (“Reply, ” Doc. 8).

         Petitioner asserts one claim for relief, that counsel rendered ineffective assistance by failing to file an appeal after being instructed to do so. For the following reasons, the motion is denied as untimely.

         I. Procedural History

         Petitioner was charged by Indictment with importing heroin into the United States (Count One) in violation of 21 U.S.C. §§ 952(a) and 960(b)(3) and possession with intent to distribute heroin (Count Two) in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(C). (Criminal Case No. 6:14-cr-124-Orl-37DAB, Doc. 11).[1] Petitioner pled guilty as charged. (Criminal Case Doc. 29). The Court sentenced Petitioner below his guidelines range to concurrent forty-eight month terms of imprisonment. (Criminal Case Doc. 38). Judgment was entered on September 16, 2014. (Id.).

         Petitioner did not appeal his conviction or sentence. Petitioner initiated the instant action on May 3, 2016, pursuant to the mailbox rule. (Doc. 1).

         II. Analysis

         Pursuant to 28 U.S.C. § 2255, the time for filing a motion to vacate, set aside, or correct a sentence is restricted, as follows:

A 1-year period of limitation shall apply to a motion under this section. The limitation period shall run from the latest of --
(1) the date on which the judgment of conviction becomes final;
(2) the date on which the impediment to making a motion created by governmental action in violation of the Constitution or laws of the United States is removed, if the movant was prevented from making a motion by such governmental action;
(3) the date on which the right asserted was initially recognized by the Supreme Court, if that right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or
(4) the date on which the facts supporting the claim or claims presented could have been discovered through the ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.