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Tasis v. United States

United States District Court, E.D. Michigan, Southern Division

November 3, 2017

Martin Tasis, Movant,
v.
United States of America, Respondent.

          ORDER DENYING MOVANT'S MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE [154]

          ARTHUR J. TARNOW, SENIOR UNITED STATES DISTRICT JUDGE.

         On May 6, 2011, a jury convicted Movant Martin Tasis of: Health Care Fraud Conspiracy (Count 1); Health Care Fraud (Counts 2-4); Money Laundering Conspiracy (Count 5); Monday Laundering (Count 6); and Conspiracy to Pay and Receive Kickbacks (Count 8). [Dkt. #75]. On October 20, 2011, the Court sentenced Mr. Tasis to ten years on Counts 1-6 and five years on Count 8, to be served concurrently.[1] [122]. Mr. Tasis did not file an appeal.

         On March 15, 2016, Mr. Tasis filed a Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C § 2255 [154]. The Government filed a Response [162] on July 8, 2016. Mr. Tasis filed a Reply [163] on August 5, 2016.

         Because Movant's request for relief is time-barred, the Court DENIES the Motion to Vacate, Set Aside, or Correct Sentence.

         Analysis

         A petitioner seeking relief under 28 U.S.C. § 2255 is bound by a one-year period of limitation. The limitations period begins 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 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).

         Generally, for the purposes of § 2255(f)(1), “convictions become final upon conclusion of direct review.” Sanchez-Castellano v. United States, 358 F.3d 424, 426 (6th Cir. 2004). However, where a defendant does not file an appeal, “the judgment becomes final upon the expiration of the period in which the defendant could have appealed to the court of appeals.” Id. at 427. Pursuant to Fed. R. App. P. 4(b)(1), a defendant must file a notice of appeal within fourteen days of the entry of judgment. The district court may extend the appeal time by thirty days where the defendant makes a showing of excusable neglect or good cause. Sanchez-Castellano, 358 F.3d at 427.

         Because Mr. Tasis did not file an appeal, his conviction became final on November 3, 2011, fourteen days after the Court's entry of judgment. To comply with the one-year statute of limitations set forth in § 2255(f)(1), Mr. Tasis should have filed his motion on or before November 3, 2012. Mr. Tasis did not file this Motion until March 15, 2016, more than four years after his conviction became final. Accordingly, the Motion is untimely.

         Mr. Tasis claims that his right to pursue appellate review was abridged because his counsel rendered ineffective assistance on his behalf. [154 at 12]. In essence, he submits that his attorney's failure to file a requested appeal justifies his delay in filing this § 2255 Motion. Mr. Tasis cites to United States v. Munoz, 605 F.3d 359 (6th Cir. 2010) to support his argument that his counsel's ineffective assistance satisfied the excusable neglect standard. However, Munoz, which dealt with ...


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