869 F. Supp. 2d 402
S.D.N.Y.2012Background
- Paredes-Cisnero pursued §2255 relief to vacate a 151-month sentence for conspiring to distribute about 3 kg cocaine and 500 g heroin.
- Plea on Jan 9, 2004: offense level 29, Criminal History Category VI with 13 points, guideline range 151–188 months, and a waiver of direct/collateral appeal.
- Sentence imposed on Apr 30, 2004: 151 months in prison followed by 5 years of supervised release; no direct appeal filed.
- Petition filed Apr 19, 2011 as a §2241 habeas claim challenging sentencing; converted to §2255 on May 17, 2011 for proper vehicle.
- Amendment arguments: Fair Sentencing Act of 2010 and Amendment 742 were alleged to affect his sentence but the court rejected retroactive application and time-bar.
- Court found the waiver valid and his §2255 petition time-barred under AEDPA; amendments do not apply retroactively to his sentence; thus denial and no certificate of appealability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver of appellate rights bars §2255 relief | Paredes-Cisnero asserts waiver does not bar relief on new law | Government argues waiver is knowing and voluntary and within guidelines range | Waiver valid; petition denied on waiver grounds. |
| Whether amendments apply retroactively to his sentence | Argues FSA 2010 and Amendment 742 reduce or modify sentence | Amendments not retroactive or applicable to his crime; not controlling | Amendments not retroactive under controlling law; do not affect sentence. |
| Whether petition is time-barred under AEDPA | Filed within years after amendments, as soon as aware | AEDPA one-year clock ran from final judgment; filing in 2011 untimely | Petition untimely; time-bar independent of waiver. |
| Whether §2241 conversion was appropriate; proper vehicle for relief | Court treated as §2255 petition; no relief due. |
Key Cases Cited
- Nicholson v. United States, 566 F.Supp.2d 300 (S.D.N.Y. 2008) (enforces valid waiver if knowing and voluntary)
- Garcia-Santos v. United States, 273 F.3d 506 (2d Cir. 2001) (plea waiver upheld when understanding and voluntariness shown)
- DeJesus v. United States, 219 F.3d 117 (2d Cir. 2000) (plea colloquy establishes waiver understanding)
- Ready v. United States, 82 F.3d 551 (2d Cir. 1996) (knowing and voluntary waiver standard)
- Moshier v. United States, 402 F.3d 116 (2d Cir. 2005) (unappealed judgment final upon time for direct appeal)
- Jiminian v. Nash, 245 F.3d 144 (2d Cir. 2001) (distinguishes §2241 execution challenges from §2255)
- Mitchell, 402 F.App’x 560 (2d Cir. 2010) (Amendment 742 non-retroactive)