United States District Court, D. Colorado
ORDER TO SHOW CAUSE
A. BRIMMER, United States District Judge
Adan Ramirez has filed, pro se, a Motion to Vacate,
Set Aside, or Correct Sentence Pursuant to 28 U.S.C.
§2255 (“§ 2255 motion”) [Docket No.
226] challenging the validity of his criminal convictions and
sentence. The Court construes Movant's filing liberally
because he is not represented by counsel. See Haines v.
Kerner, 404 U.S. 519, 520-21 (1972); Hall v.
Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991). However,
the Court will not act as a pro se litigant's
advocate. See Hall, 935 F.2d at 1110. For the
reasons discussed below, Movant will be ordered to show cause
why his § 2255 motion should not be denied.
was convicted, pursuant to his guilty plea, of one count of
conspiracy to possess with intent to distribute 50 grams or
more of methamphetamine, in violation of 21 U.S.C.
§§ 841(a)(1), (b)(1)(A) and 846 (Count 1); one
count of possession with intent to distribute and
distribution of 5 grams or more of methamphetamine, or aiding
and abetting the same, in violation of 18 U.S.C. §§
841(a)(1), (b)(1)(B), and 18 U.S.C. § 2 (Count 2); two
counts of possession with intent to distribute and
distribution of 50 grams or more of methamphetamine (actual),
or aiding and abetting the same, in violation of 18 U.S.C.
§§ 841(a)(1), (b)(1)(B) (Counts 3 & 4), and one
count of possession and carrying of a firearm in furtherance
of a drug trafficking crime, or aiding and abetting the same,
in violation of 18 U.S.C. § 924(c)(1)(A) and 18 U.S.C.
§ 2 (Count 5). Docket No. 205. On March 3, 2016, the
Court sentenced Movant to an aggregate 144-month term of
imprisonment (84 months for each of counts 1 through 4, to be
served concurrently, and 60 months for count 5, to be served
consecutively). Id. Judgment was entered the
following day. Id. An Amended Judgment was entered
on March 9, 2016. Docket No. 207. Movant did not file a
April 2, 2018, Movant filed his § 2255 motion asserting
the following five claims:
(1) The Supreme Court's decision in Dean v. United
States (No. 15-9260) ( S.Ct. April 3, 2017), permits
this Court to resentence Petitioner pursuant to
(2) § 2255(a) Misinformation; 2255(a) allows this Court
to grant Petitioner relief;
(3) Ineffective Assistance of Counsel;
(4) Due Process;
(5) The Rule of Lenity. Docket No. 226.
to 28 U.S.C. § 2255(f), a one-year limitation period
applies to motions to vacate, set ...