Legal Opinion

Gonzalez v. United States

District Court, D. Delaware

Decided January 23, 2013No. Crim. No. 07-135-SLR; Civ. No. 10-213-SLRPublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OPINION

ROBINSON, District Judge.

I. INTRODUCTION

Mizrain Gonzalez (“movant”) is a federal inmate currently confined at F.C.I. Marianna, in Florida. Movant filed a motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255. (D.I. 30) Respondent filed a response in opposition. (D.I. 36) For the reasons discussed, the court will deny movant’s § 2255 motion as time-barred without holding an evidentiary hearing.

II. BACKGROUND

On September 18, 2007, law enforcement authorities conducted a probation search of movant’s residence. (D.I. 36) During the search, the officers…

2Cases cited11 opinions

  1. Slack v. McDanielSupreme Court of the United States · 2000
  2. Holland v. FloridaSupreme Court of the United States · 2010
  3. Ronald Jones v. Willis Morton, Warden of Trenton State Prison Attorney General of the State of New JerseyCourt of Appeals for the Third Circuit · 1999
  4. Frank T. Miller v. New Jersey State Department of Corrections Donald E. Lewis, Warden/administrator Attorney General of the State of New JerseyCourt of Appeals for the Third Circuit · 1998
  5. Michael Kapral v. United StatesCourt of Appeals for the Third Circuit · 1999

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3Cited by2 opinions

  1. Hero Tiera T. Smith, f/k/a Tiera T. Smith v. Kimberly Hughey, Warden, and Attorney General of the State of DelawareDistrict Court, D. Delaware · 2026
  2. Kadir Amin McCoy v. Brian Emig, Warden, and Attorney General of the State of DelawareDistrict Court, D. Delaware · 2026

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