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  • United States v. Cardoza-Sarabia, 10th Cir. (2013)

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    The United States Court of Appeals for the Tenth Circuit denied Roberto Cardoza-Sarabia's request for a certificate of appealability to appeal the denial of his motion to set aside his sentence and conviction. The district court had denied the motion because it was untimely under the statute, which requires such motions to be filed within one year. The appellate court agreed that the motion was late, as the judgment was entered in 2009 but the Section 2255 motion was not filed until 2012. Cardoza-Sarabia provided no valid reason to overcome this statutory time bar.

    Original Description:

    Filed: 2013-09-05 Precedential Status: Non-Precedential Docket: 13-8049

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    The United States Court of Appeals for the Tenth Circuit denied Roberto Cardoza-Sarabia's request for a certificate of appealability to appeal the denial of his motion to set aside his sentence and conviction. The district court had denied the motion because it was untimely under the statute, which requires such motions to be filed within one year. The appellate court agreed that the motion was late, as the judgment was entered in 2009 but the Section 2255 motion was not filed until 2012. Cardoza-Sarabia provided no valid reason to overcome this statutory time bar.

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    20 views2 pages

    United States v. Cardoza-Sarabia, 10th Cir. (2013)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Tenth Circuit denied Roberto Cardoza-Sarabia's request for a certificate of appealability to appeal the denial of his motion to set aside his sentence and conviction. The district court had denied the motion because it was untimely under the statute, which requires such motions to be filed within one year. The appellate court agreed that the motion was late, as the judgment was entered in 2009 but the Section 2255 motion was not filed until 2012. Cardoza-Sarabia provided no valid reason to overcome this statutory time bar.

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    of 2

    FILED

    United States Court of Appeals


    Tenth Circuit

    UNITED STATES COURT OF APPEALSSeptember 5, 2013


    TENTH CIRCUIT

    Elisabeth A. Shumaker
    Clerk of Court

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.

    No. 13-8049
    (D. Wyoming)

    ROBERTO CARDOZA-SARABIA,

    (D.C. Nos. 2:12-CV-00230-ABJ and


    2:09-CR-00136-ABJ-1)

    Defendant - Appellant.

    ORDER DENYING CERTIFICATE OF APPEALABILITY

    Before HARTZ, OBRIEN, and GORSUCH, Circuit Judges.

    Movant Roberto Cardoza-Sarabia seeks a certificate of appealability (COA)


    to appeal the denial by the United States District Court for the District of
    Wyoming of his motion under 28 U.S.C. 2255 to set aside his sentence and
    conviction because of ineffective assistance of counsel with respect to his guilty
    plea. See 28 U.S.C. 2253(c)(1)(B) (requiring COA to appeal denial of 2255
    motion). The district court denied the motion because it was untimely under 28
    U.S.C. 2255(f).
    The district court was clearly correct. The judgment was entered against
    Movant on December 17, 2009. He did not appeal. He filed his 2255 motion
    on October 12, 2012. In district court he gave no reason to overcome the

    statutory bar, nor has he done so in this court. We DENY a COA and dismiss the
    appeal. Appellants motion to proceed in forma pauperis is DENIED.

    ENTERED FOR THE COURT

    Harris L Hartz
    Circuit Judge

    -2-

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