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Criminal Procedure — habeas corpus

United States Court of Appeals For the Seventh Circuit

Criminal

Criminal Procedure — habeas corpus

A motion for a reduction of sentence filed one and a half years after learning of the basis for the motion is untimely.

“While important, jurisdiction is far from the only procedural prerequisite that Obeid must satisfy. We need consider only one more: the rules establishing when a motion under Section 2255 must be filed. Section 2255(f) imposes a one-year limitation period that runs from, as relevant here, ‘the date on which the facts supporting the claim or claims presented could have been discovered through the exercise of due diligence.’ Here, counsel for Obeid has represented that ‘it was reasonable for Obeid to remain unaware of the impact of the supplemental plea agreement [with Esawi] until June and [sic] October of 2008, when the Government filed its plea [on Esawi’s behalf].’ (Emphasis added.) We take this as an acknowledgment that Obeid realized, or should have realized, that the government had broken its supposed promise no later than the end of 2008. Obeid’s motion, filed on July 15, 2010, came along at least a year and a half later and was thus too late.”

Affirmed.

12-1254 U.S. v. Obeid

Appeal from the United States District Court for the Northern District of Illinois, Manning, J., Wood, J.

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