Santiago-Rodriguez v. United States
3:12-cv-01108
D.P.R.Nov 30, 2012Background
- Petitioner pled guilty Sept. 4, 2008 to conspiracy to possess with intent to distribute narcotics in a protected location; sentenced to 87 months.
- Judgment entered Dec. 5, 2008, amended Oct. 5, 2009.
- Conviction finalized for § 2255 purposes when time to appeal expired (no direct appeal filed).
- Petitioner filed § 2255 petition Feb. 9, 2012 alleging ineffective assistance of counsel; government opposed as untimely.
- Court held petition untimely under AEDPA and dismissed the motion on that basis; declined to reach merits.
- Court discussed Certificate of Appealability and noted no reasonable jurist would find error worth different consideration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the § 2255 motion is timely | Santiago-Rodríguez | Government - untimely under AEDPA | Untimely; time expired Oct. 2010. |
| When a federal unappealed conviction becomes final for § 2255 purposes | Petitioner did not appeal, so finality should be earlier | Finality occurs when the time to appeal expires | Final when time to file direct appeal expires (Oct. 15, 2009). |
| Whether equitable tolling applies | Equitable tolling could save timely filing | No grounds for tolling shown | No equitable tolling demonstrated; dismissal affirmed. |
| Whether a COA should be granted | N/A | N/A | COA denied; district court should issue COA if applicable. |
Key Cases Cited
- Clay v. United States, 537 U.S. 522 (2003) (finality for § 2255 clock starts after certiorari period ends)
- United States v. Scruggs, 691 F.3d 660 (5th Cir. 2012) (unappealed conviction becomes final when time to appeal expires)
- Murphy v. United States, 634 F.3d 1303 (11th Cir. 2011) (finality upon expiration of time to seek review)
- Anjulo-Lopez v. United States, 541 F.3d 814 (8th Cir. 2008) (ten days after judgment for finality when no direct appeal)
- Prows v. United States, 448 F.3d 1233 (10th Cir. 2008) (finality linked to time for direct appeal)
- Moshier v. United States, 402 F.3d 116 (2d Cir. 2005) (finality upon time to appeal expiration)
- Sanchez-Castellano v. United States, 358 F.3d 424 (6th Cir. 2004) (unappealed judgment becomes final after appeal period)
- Kapral v. United States, 166 F.3d 565 (3d Cir. 1999) (when direct appeal is not pursued, conviction becomes final)