Sanchez v. United States 10-CV-210-SM 06/29/10 UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIRE

Augustin H. Sanchez, Petitioner

v. Case No. 10-cv-210-SM Opinion No.

United States of America, Respondent

O R D E R

Petitioner's motion for relief under the provisions of

must be dismissed as untimely.

Judgment was entered in the underlying criminal case on

February 11, 2009, and became final on February 23, 2009.

Petitioner had one year from that date to seek relief under

Section 2255. He did not sign the petition, however, until May

26, 2010, (presumably he also gave the petition to prison

officials on that date for mailing). Since the petition was not

filed within one year of petitioner's conviction becoming final,

it must be dismissed. See

(1) .

In any event, even if the petition had been timely filed, i

would be dismissed for lack of merit. Petitioner claims that hi

plea of guilty to, and subsequent conviction of, possessing a

firearm in furtherance of a drug trafficking crime was due to a

"misapplication" of

(c)(1)(A). That is not so. Petitioner admitted, under oath, during his plea colloquy that he

knowingly and intentionally possessed the handgun and rifle at

issue in furtherance of a conspiracy to distribute in excess of

100 kilograms of marijuana. Search warrants executed at

petitioner's home and at a stash house, resulted in recovery of

the firearms from the stash house, and documents from

petitioner's home establishing his connection to, and

constructive possession of those firearms. The prosecutor

proffered those facts as supporting the charge, and petitioner

agreed they were true and correct — including that the proximity

of the firearms to the drugs and location at the stash house

established their use in furtherance of the conspiracy. Finally,

petitioner stipulated to forfeiture of those firearms as

contraband used in the conspiracy. The provisions of 18 U.S.C.

924(c)(1)(A) were not misapplied in petitioner's case.

The petition is dismissed.

SO ORDERED.

Sj?even J./McAuliffe Chief Judge

June 2 9, 2 010

cc: Augustin H. Sanchez, pro se Aixa Maldonado-Quinones, AUSA

2