Berhane v. USA

Berhane v. USA

Petitioner:	Aman Berhane
Respondent:	USA
Case Number:	1:2015cv00496
Filed:	November 27, 2015
Court:	US District Court for the District of Hawaii
Office:	Hawaii Office
County:	Honolulu
Presiding Judge:	BARRY M. KURREN
Presiding Judge:	SUSAN OKI MOLLWAY
Nature of Suit:	Prisoner: Vacate Sentence
Cause of Action:	28 U.S.C. § 2255 Motion to Vacate / Correct Illegal Sentence
Jury Demanded By:	None

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Date Filed	Document Text
December 29, 2015	Filing 6 ORDER DETERMINING THAT PETITION TO VACATE, SET ASIDE, OR CORRECT SENTENCE UNDER 28 U.S.C. § 2255 IS UNTIMELY AND DISMISSING PETITION; ORDER DENYING MOTION SEEKING EQUITABLE TOLLING; ORDER DECLINING TO ISSUE A CERTIFICATE OF APPEALABILITY re 1 - Signed by JUDGE SUSAN OKI MOLLWAY on 12/29/2015. "The one-year limitation period began to run in June 2014, when Berhane's criminal judgment became final for purposes of § 2255(f)(1). Because Berhane did not file the present § 2255 motion within one year of when his criminal judgment became final, and because he has failed to demonstrate that the period should be equitably tolled, his § 2255 motion is untimely. The court therefore dismisses B erhane's § 2255 motion and denies his motion seeking equitable tolling. The court declines to issue Berhane a certificate of appealability. No reasonable jurist would find debatable the untimeliness of Berhane's motion filed o n November 27, 2015. Slack v. McDaniel, 529 U.S. 473, 484 (2000)." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Aman Berhane shall be served by first class mail at the address of record on December 30, 2015.
December 28, 2015	Filing 3 ORDER DISMISSING AS UNTIMELY PETITION TO VACATE, SET ASIDE, OR CORRECT SENTENCE UNDER 28 U.S.C. § 2255; ORDER DENYING MOTION SEEKING EQUITABLE TOLLING; ORDER DECLINING TO ISSUE A CERTIFICATE OF APPEALABILITY re 1 - Signed by JUDGE SUSAN OK I MOLLWAY on 12/28/2015. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Aman Berhane served by first class mail at the address of record on December 28, 2015.

Date Filed

Document Text

December 29, 2015

Filing 6 ORDER DETERMINING THAT PETITION TO VACATE, SET ASIDE, OR CORRECT SENTENCE UNDER 28 U.S.C. § 2255 IS UNTIMELY AND DISMISSING PETITION; ORDER DENYING MOTION SEEKING EQUITABLE TOLLING; ORDER DECLINING TO ISSUE A CERTIFICATE OF APPEALABILITY re 1 - Signed by JUDGE SUSAN OKI MOLLWAY on 12/29/2015. "The one-year limitation period began to run in June 2014, when Berhane's criminal judgment became final for purposes of § 2255(f)(1). Because Berhane did not file the present § 2255 motion within one year of when his criminal judgment became final, and because he has failed to demonstrate that the period should be equitably tolled, his § 2255 motion is untimely. The court therefore dismisses B erhane's § 2255 motion and denies his motion seeking equitable tolling. The court declines to issue Berhane a certificate of appealability. No reasonable jurist would find debatable the untimeliness of Berhane's motion filed o n November 27, 2015. Slack v. McDaniel, 529 U.S. 473, 484 (2000)." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Aman Berhane shall be served by first class mail at the address of record on December 30, 2015.

December 28, 2015

Filing 3 ORDER DISMISSING AS UNTIMELY PETITION TO VACATE, SET ASIDE, OR CORRECT SENTENCE UNDER 28 U.S.C. § 2255; ORDER DENYING MOTION SEEKING EQUITABLE TOLLING; ORDER DECLINING TO ISSUE A CERTIFICATE OF APPEALABILITY re 1 - Signed by JUDGE SUSAN OK I MOLLWAY on 12/28/2015. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Aman Berhane served by first class mail at the address of record on December 28, 2015.

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Respondent: USA
Represented By:	Tony R. Roberts(Designation Government)
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Petitioner: Aman Berhane
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