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Gonzalez-Gonzalez v. United States

United States District Court, N.D. Iowa, Western Division

March 16, 2017

GEOVANY J. GONZALEZ-GONZALEZ, Petitioner,
v.
UNITED STATES OF AMERICA, Respondent.

          OPINION AND ORDER REGARDING RESPONDENT'S MOTION TO DISMISS PETITIONER'S § 2255 MOTION TO VACATE

          MARK W. BENNETT, U.S. DISTRICT COURT JUDGE

         TABLE OF CONTENTS

         I. INTRODUCTION AND BACKGROUND ............................................................. 2

         A. Criminal Case Proceedings .......................................................................... 2

         B. Gonzalez-Gonzalez's § 2255 Proceeding ..................................................... 3

         II. LEGAL ANALYSIS ................................................................................................. 4

         A. Standards for Motions to Dismiss ................................................................ 4

         B. The Statute Of Limitations And Equitable Tolling ..................................... 5

         C. Timeliness Of Gonzalez-Gonzalez's § 2255 Motion ................................... 6

         III. CERTIFICATE OF APPEALABILITY ................................................................. 9

         IV. CONCLUSION ...................................................................................................... 10

         Respondent's Motion to Dismiss Petitioner's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (docket no. 3), in which respondent seeks dismissal of petitioner Geovany J. Gonzalez-Gonzalez's § 2255 motion because Gonzalez-Gonzalez's claims are untimely, is before me for decision. Gonzalez-Gonzalez's appointed counsel filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), asserting there are no meritorious issues concerning the timeliness of Gonzalez-Gonzalez's § 2255 motion. Gonzalez-Gonzalez, in turn, filed a pro se brief in resistance to respondent's Motion to Dismiss in which he argues that the time permitted for filing his § 2255 motion should motion should be equitably tolled for the periods he spent in two Special Housing Units (“SHU”) units.[1]

         I. INTRODUCTION AND BACKGROUND

         A. Criminal Case Proceedings

         On April 25, 2012, an Indictment was returned against defendant Geovany Gonzalez-Gonzalez, charging defendant with conspiring to possess with intent to distribute 5 grams or more of pure methamphetamine, and 50 grams or more of methamphetamine, having previously been convicted of a felony drug offense, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A), 841(b)(1)(B), 846, and 851. On May 30, 2013, Gonzalez-Gonzalez pleaded guilty to the charge before United States Magistrate Judge Leonard T. Strand.[2] In a Report And Recommendation Concerning Guilty Plea, filed that same day, Judge Strand recommended that I accept Gonzalez-Gonzalez's plea. After the parties filed Waivers of any objections to the Report And Recommendation, I accepted Gonzalez-Gonzalez's guilty plea by Order, also filed May 30, 2013.

         The PSIR calculated Gonzalez-Gonzalez's offense level as 33, his criminal history category as II, and his advisory sentencing guidelines range as 151 to 188 months, with a mandatory minimum sentence of 240 months. At sentencing, on October 4, 2013, the prosecution made a substantial assistance motion under U.S.S.G. § 5K1.1 and 28 U.S.C. § 3553(e), which I granted. I sentenced ...


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