Filed: Dec. 30, 2014
Latest Update: Dec. 30, 2014
Summary: ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND DISMISSING CASE JAMES I. COHN, District Judge. THIS CAUSE is before the Court upon the Report and Recommendation [DE 5] ("Report") of Magistrate Judge Patrick A. White on Movant Julio Lenis's Motion by a Person in Federal Custody to Vacate, Set Aside, or Correct Sentence Under 28 U.S.C. 2255 [DE 1] ("Motion"). Judge White issued his Report on October 31, 2014, and Movant has filed no objections. Movant has pleaded guilty to conspiracy to posses
Summary: ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND DISMISSING CASE JAMES I. COHN, District Judge. THIS CAUSE is before the Court upon the Report and Recommendation [DE 5] ("Report") of Magistrate Judge Patrick A. White on Movant Julio Lenis's Motion by a Person in Federal Custody to Vacate, Set Aside, or Correct Sentence Under 28 U.S.C. 2255 [DE 1] ("Motion"). Judge White issued his Report on October 31, 2014, and Movant has filed no objections. Movant has pleaded guilty to conspiracy to possess..
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ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND DISMISSING CASE
JAMES I. COHN, District Judge.
THIS CAUSE is before the Court upon the Report and Recommendation [DE 5] ("Report") of Magistrate Judge Patrick A. White on Movant Julio Lenis's Motion by a Person in Federal Custody to Vacate, Set Aside, or Correct Sentence Under 28 U.S.C. § 2255 [DE 1] ("Motion"). Judge White issued his Report on October 31, 2014, and Movant has filed no objections.
Movant has pleaded guilty to conspiracy to possess with intent to distribute one kilogram or more of heroin, and conspiracy to commit money laundering. [DE 5 at 2.] This Court entered judgment on May 10, 2010, and sentenced Movant to a total of 188 months imprisonment followed by 60 months of supervised release. [Id.] The Eleventh Circuit Court of Appeals affirmed Movant's conviction on December 8, 2010, and Movant did not file a petition for writ of certiorari with the United States Supreme Court. [Id.]
In his Motion, Lenis argues that he received ineffective assistance of counsel. [See DE 3 at 6.] Specifically, Lenis argues that his attorney "failed to investigate the facts on his case which ultimately caused him to be placed on criminal history category II which led to a higher sentence" than he should have received. [Id. at 8.] Judge White recommends the Court deny the Motion, however, because it is more than three years late. [DE 5 at 12.] The Court agrees. The Motion is late, and Movant has offered no valid excuse for the delay. The Court will therefore adopt Judge White's Report.1
Accordingly, it is ORDERED AND ADJUDGED as follows:
1. The Magistrate Judge's Report and Recommendation [DE 5] is hereby ADOPTED.
2. The Motion by a Person in Federal Custody to Vacate, Set Aside, or Correct Sentence Under 28 U.S.C. § 2255 [DE 1] is hereby DENIED.
3. The Clerk is directed to CLOSE this case and DENY all pending motions as MOOT.
4. Pursuant to Rule 11 of the Rules Governing Section 2255 Cases, Movant is hereby DENIED a certificate of appealabilty because Movant has failed to make a substantial showing that he was denied a constitutional right. The Court notes that pursuant to Rule 22(b)(1) of the Federal Rules of Appellate Procedure, Movant may request issuance of a certificate of appealability from the Eleventh Circuit.
DONE AND ORDERED.
