Coronel v. United States

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice

New York Law Journal

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Judge Shira Scheindlin

Under a Sept. 7, 2011, judgment Coronel was convicted of aiding and abetting a firearm's use in an armed robbery and murder, armed robbery, and conspiracy to commit robberies. He did not appeal sentence to an aggregate term of 96 months in prison and three years' supervision. Conviction became final Sept. 21, 2011. The envelope containing Coronel's application for 28 USC §2255 relief—challenging the constitutionality of conviction and sentence—was postmarked Nov. 23, 2012. Coronel's §2255 petition was filed on the 27th, more than two months after the governing one year limitation period provided under the Antiterrorism and Effective Death Penalty Act had expired. The court dismissed Coronel's §2255 relief motion as time barred. His mistaken belief that he needed court permission prior to filing his §2255 motion was not the sort of "extraordinary circumstance" justifying equitable tolling. In concluding that Coronel did not act with reasonable diligence, the court noted that nothing beyond Coronel's control prevented him from filing a timely motion. If he were diligent, Coronel would have filed his §2255 motion in August 2012, when he decided to file such a motion.

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