United States v. Asakevich, No. 15-1013 (6th Cir. 2016)
Annotate this CaseIn 2011, Asakevich pleaded guilty to distributing child pornography and attempting to entice a minor via the internet, 18 U.S.C. 2422(b). The district court sentenced Asakevich to life in prison. The Sixth Circuit dismissed his appeal. The U.S. Supreme Court denied Asakevich’s petition for a writ of certiorari on October 7, 2013, so that Asakevich’s conviction became final. He had one year to file a motion to vacate his sentence, 28 U.S.C. 2255(f)(1). Asakevich has not filed a section 2255 motion. On October 6, 2014, Asakevich filed a pro se “Motion for Extension of Time to File 28 U.S.C. 2255 Motion,” seeking pre-approval for a 90-day extension. The district court denied Asakevich’s motion, reasoning that there was no published authority for enlarging the time for filing a section 2255 motion before the statute of limitations expires. The Sixth Circuit affirmed. Federal courts do not lightly grant relief in non-existent cases or offer advisory opinions about what they might do if an action were filed. Asakevich requested an advisory opinion about whether he could obtain an extension for an action not yet in existence and one that may never come into existence.
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