Trujillo v. Ledezma

Justia.com Opinion Summary: Pro se prisoner Petitioner Rupert Trujillo appealed a district court's dismissal of his application for habeas relief. Petitioner pled guilty to drug charges in New Mexico and was sentenced to 120 months' imprisonment in 2009. He did not file a direct appeal. Instead, he filed a petition for the writ of habeas corpus to challenge the validity of his conviction on the grounds that he was not competent when he pled guilty. The government moved to dismiss. Upon review of the magistrate judge's Report and Recommendation in this case, the Tenth Circuit found that regardless of whether Petitioner filed his application pursuant to 28 U.S.C. Section 2241 or 2255, in the absence of tolling, Petitioner failed to meet the applicable statute of limitations. Accordingly, the Court denied the writ and dismissed his appeal.

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