United States v. Avila-Avila

Defendant Jesus Avila appeals from the district court’s February 21, 1997 Order denying his motion under 28 U.S.C. § 2255 as “a second motion, as untimely under 28 U.S.C. § 2255 as amended by [the Antiterrorism and Effective Death Penalty Act of 1996,] and as completely without merit.”

In 1994, Defendant Avila entered a conditional guilty plea to one count of possession with intent to sell heroin and one count of illegal reentry of a deported alien. He was sentenced to 188 months followed by eight years of supervised release. He appealed the denial of his motion to suppress. In an unpublished…