United States v. Morales-Ramirez, No. 10-2277 (10th Cir. 2011)
Annotate this CaseDefendant Leobardo Moralez-Ramirez challenged the district court's dismissal of his applications for post-conviction relief. He was convicted after a jury trial for conspiring to distribute heroin and sentenced to 240 months' imprisonment. His initial appeals were dismissed as untimely. More than two years after the Tenth Circuit affirmed his convictions, Defendant filed his application for a certificate of appealability (COA), arguing that the one-year limitation period in 28 U.S.C. 2255 should be equitably tolled under the "actual innocence exception," and that multiple constitutional errors in his pre-sentence investigation report warranted further judicial review. Upon review, the Tenth Circuit found that Defendant did not establish his entitlement to a COA. The Court denied Defendant's COA and dismissed his remaining appeals.
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