United States v. Santarelli, No. 16-4114 (3d Cir. 2019)Annotate this Case
Santarelli was convicted of multiple crimes, including mail fraud, wire fraud, and conspiracy to commit mail fraud and wire fraud, and was sentenced to 70 months of imprisonment. The Third Circuit affirmed. Santarelli’s conviction became final on December 12, 2014. On November 30, 2015, Santarelli timely sought habeas relief, 28 U.S.C. 2255, alleging ineffective assistance of trial and appellate counsel in a combined 130 ways, In August 2016, Santarelli sought to amend her initial habeas petition to “include” in the “multiple grounds and constitutional violations . . . that specifically relate to enhancements, sentencing[,] and [S]entencing [G]uidelines.” The district court denied the motion as “time-barred” because the new allegations did not “relate back” to the initial habeas petition pursuant to FRCP 15(c). The court also denied Santarelli’s habeas petition on the merits. The Third Circuit denied a certificate of appealability with respect to the denial of Santarelli’s initial habeas petition on the merits but held that the allegations contained in Santarelli’s Motion to Amend “relate back” to the date of her initial habeas petition under Rule 15(c) and that her Subsequent Petition is not a “second or successive” habeas petition under 28 U.S.C. 2244 and 2255(h). The court remanded for the district court to consider the merits of her initial habeas petition as amended.