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Defrancia v. United States

United States District Court, D. Hawaii

October 6, 2016

JASON K. DEFRANCIA Defendant/Petitioner,
v.
UNITED STATES OF AMERICA, Plaintiff/Respondent. Civ. No. 16-00374 JMS-RLP

          ORDER CONSTRUING PETITION UNDER 28 U.S.C. § 2255 AS A § 2241 PETITION, AND TRANSFERRING TO THE CENTRAL DISTRICT OF CALIFORNIA

          J. MICHAEL SEABRIGHT, CHIEF UNITED STATES DISTRICT JUDGE

         I. INTRODUCTION

         Defendant/Petitioner Jason K. Defrancia (“Defrancia”) has filed a Petition under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in a Federal Custody (the “Petition”). Because the court construes the Petition as one brought under 28 U.S.C. § 2241 and not § 2255, and because Defrancia is presently incarcerated at Terminal Island FCI located in San Pedro California, the court transfers the Petition to the Central District of California.

         II. BACKGROUND

         The Petition arises from Defrancia's September 11, 2012 guilty plea to a single count Indictment charging him with knowingly and intentionally possessing with intent to distribute 50 grams or more of methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(A). ECF No. 30.[1] On February 22, 2013, the court sentenced Defrancia to 120-months incarceration, to be followed by five years of supervised release. ECF No. 46. Judgment was entered on February 27, 2013. ECF No. 47. Defrancia filed a notice of appeal on March 8, 2013, and the Ninth Circuit granted Defrancia's voluntary dismissal of the appeal, and issued its mandate, by Order dated April 17, 2013. ECF Nos. 50, 57.[2]Defrancia, however, did not place the Petition in the prison mail until June 28, 2016 -- over three years after § 2255(f)'s one-year statute of limitations expired. ECF No. 58-1.

         In apparent recognition of the potential time bar, Defrancia argues a claim of actual innocence. ECF No. 58. As a result, the court directed the United States to limit its response to address whether Defrancia makes the necessary showing of actual innocence. ECF No. 61. The United States filed its Response on July 14, 2016, and Defrancia filed a Reply on September 20, 2016. ECF Nos. 62, 66.

         After careful review, the court determines that the Petition is time-barred under § 2255(f), construes Defrancia's “actual innocence” claim as one brought under § 2241, and transfers the Petition to the Central District of California.

         III. ANALYSIS

         A. The Petition is Time-Barred Under § 2255(f)

         A one-year statute of limitations applies to § 2255 motions, which runs from the latest of:

(1) the date on which the judgment of conviction becomes final;
(2) the date on which the impediment to making a motion created by governmental action in violation of the Constitution or laws of the United States is removed, if the movant was prevented from making a motion by such governmental action;
(3) the date on which the right asserted was initially recognized by the Supreme Court, if that right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or
(4) the date on which the facts supporting the claim or claims presented could have been discovered through the ...

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