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Farfan v. United States

United States District Court, S.D. Mississippi, Southern Division

March 8, 2018

GENOVEVA FARFAN
v.
UNITED STATES OF AMERICA

          MEMORANDUM OPINION AND ORDER DENYING GENOVEVA FARFAN'S MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE BY A PERSON IN FEDERAL CUSTODY PURSUANT TO 28 U.S.C. § 2255

          HALIL SULEYMAN OZERDEN UNITED STATES DISTRICT JUDGE.

         BEFORE THE COURT is the Motion [18] of Genoveva Farfan (“Farfan”) to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody, pursuant to 28 U.S.C. § 2255. After due consideration of the Motion, related pleadings, the record, and relevant legal authority, the Court is of the opinion that Farfan is not entitled to relief and that her § 2255 Motion should be denied in accordance with Rule 4(b) of the Rules Governing Section 2255 Proceedings for the United States District Courts (the “Section 2255 Rules”) without the requirement of an answer by the United States Attorney and without an evidentiary hearing.

         I. FACTS AND PROCEDURAL HISTORY

         On April 22, 2016, a two-count criminal Bill of Information [1] was filed. Each count of the Information charged that Farfan, aided and abetted by others known and unknown to the Grand Jury, knowingly possessed without lawful authority a means of identification of another person, during and in relation to a violation of 18 U.S.C. § 1343, all in violation of 18 U.S.C. §§ 1028A and 2. On May 16, 2016, Farfan pleaded guilty to both counts of the Information.

         On July 12, 2016, the Court sentenced Farfan to a 24-month term of imprisonment as to Count 1 of the Information, to run consecutively to the sentence imposed in Count 2ss in criminal case number 1:14cr33, and to a 24-month term of imprisonment as to Count 2 of the Information, with 12 months to run consecutively to and 12 months to run concurrently with the sentences imposed in Count 2ss in criminal case number 1:14cr33 and in Count 1 of the Information in this case. See July 12, 2016, Minute Entry. The Judgment was entered on July 18, 2016. J. [17] at 1-6. Farfan did not appeal.

         On or about February 25, 2018, Farfan placed the present Motion pursuant to 28 U.S.C. § 2255 in the prison mailing system, see Mot. [18] at 10, and the Motion was filed of the record in this case on March 5, 2018, see Id. at 1. Farfan asks the Court to reduce her sentence and/or place her on home confinement for the remainder of her sentence, or alternatively, to “parole [her] out of prison.” Id. at 10.

         In support of this request, Farfan cites as her first ground for relief personal reasons for seeking a reduced sentence and/or home confinement. See Id. at 3-4. In her second and third grounds, Farfan appears to raise ineffective assistance of counsel claims. Farfan references her attorney's experience and asserts that he “wasn't very helpful, ” id. at 5, and states that she does not believe she was “represented properly, ” id. at 6. With respect to the timeliness of her Motion, Farfan states that “I wasn't advised or informed by my attorney and not made aware that there was a motion I can submit or a time frame to it.” Id. at 9.

         II. DISCUSSION

         A. Farfan's Motion was not filed within the applicable one-year limitations period.

         Rule 4(b) of the Section 2255 Rules provides that

[if] it plainly appears from the motion, any attached exhibits, and the record of prior proceedings that the moving party is not entitled to relief, the judge must dismiss the motion and direct the clerk to notify the moving party.

         Section 2255 Rule 4(b).

         Under the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), “a one year statute of limitations governs habeas motions filed by federal inmates.” United States v. Wheaten, 826 F.3d 843, 846 (5th ...


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