United States of America v. Baeza-Medrano et al

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF OKLAHOMA
UNITED STATES OF AMERICA, 	)
)
Plaintiff, 	)
)
v. 	) 	No. CR-22-005-R
) 	CIV-25-1477-R
MARIA JULIA BAEZA-MEDRANO, 	)
)
Defendant. 	)
ORDER
Before the Court is Defendant’s pro se Motion Under 28 U.S.C. § 2255 to Vacate,
Set Aside, or Correct Sentence [Doc. No. 705]. In a previous order [Doc. No. 706], the
Court instructed Defendant to show cause as to why the motion should not be dismissed as
untimely. Defendant then submitted a second Motion Under 28 U.S.C. § 2255 to Vacate,
Set Aside, or Correct Sentence [Doc. No. 708] which the Court construes as her response
to the show cause order. The second motion states that her filing is timely because she
“didn’t know [she] could file until now and [she] was prohibited by being misled to make
any filings.”
Section 2255 imposes a one-year statute of limitations for federal prisoners to bring
their motion. The limitation period runs from the latest of
(1) the date on which the judgment of conviction becomes final;
(2) the date on which the impediment to making a motion created by
governmental action in violation of the Constitution or laws of the United
States is removed, if the movant was prevented from making a motion by
such governmental action;
(3) the date on which the right asserted was initially recognized by the
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Supreme Court, if that right has been newly recognized by the Supreme Court
and made retroactively applicable to cases on collateral review; or
(4) the date on which the facts supporting the claim or claims presented could
have been discovered through the exercise of due diligence.
28 U.S.C. § 2255(f). Here, Defendant pled guilty and did not file a direct appeal. Her
sentence and judgment of conviction was entered on October 26, 2023. The judgment
became final fourteen days later. See Fed. R. App. P. 4(b)(1)(A) Fed. R. App. P.
4(b)(1)(A)(i) (requiring notice of appeal within 14 days after entry of criminal judgment);
United States v. Prows, 448 F.3d 1223, 1227–28 (10th Cir. 2006) (“If the defendant does
not file an appeal, the criminal conviction becomes final upon the expiration of the time in
which to take a direct criminal appeal.”). Defendant filed her motion on December 8, 2025,
well past the expiration of the one-year time limit contained in § 2255(f)(1). Although her
subsequent filing suggests that she was unaware that she could file her motion at an earlier
time, “[i[t is well established that ignorance of the law, even for an incarcerated pro se
petitioner, generally does not excuse prompt filing.” Marsh v. Soares, 223 F.3d 1217, 1220
(10th Cir. 2000) (quotation omitted); see also United States v. Galindo, 406 F. App'x 322,
324 (10th Cir. 2011). Petitioner has not presented any valid factual or legal basis that might
warrant equitable tolling.
Accordingly, the Petition is dismissed as untimely and a Certificate of Appealability
is denied.
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IT IS SO ORDERED this 2 nd day of February, 2026.
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