Marra v. United States

• Court: District Court, D. New Hampshire
• Decided: January 12, 1998
• Docket: CV-97-465-M
• Status: Published

Opinion

Marra v. United States CV-97-465-M 01/12/98 UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIRE

Marianne Marra

v. Civil No. 97-465-M

United States of America

O R D E R

Petitioner's motion under 28 U.S.C. § 2255 seeking relief

from the sentences imposed in United States v. Marianne Marra

docket numbers CR-94-66-01-M and CR-94-67-01-M, is necessarily

denied, as the motion and the files and records of the case

conclusively show that the petitioner is entitled to no relief.

First, the sentences imposed were authorized by law, are not

open to collateral attack, and petitioner has pled no denial or

infringement of any constitutional right sufficient to render the

judgment vulnerable to collateral attack, nor has she articulated

sufficient legal grounds upon which the sentences may be amended.

The sentences were lawful, fair and appropriate. Sentence was

imposed on September 28, 1995. As of April 24, 1996, petitioner

had one year to file a motion for sentence relief under 28 U.S.C.

§ 2255; her motion was filed on September 17, 1997, beyond the

applicable limitations period.

Petitioner essentially argues for sentence relief based on

family hardship and her commendable efforts to rehabilitate

herself while confined. The court notes and applauds

petitioner's efforts, and encourages her to continue to work to improve her life, and also fully recognizes the hardships imposed

by her confinement on her family. However, those factors do not

qualify as grounds for sentence relief under 28 U.S.C. § 2255,

and would not have warranted a different guideline sentence.

Motion denied.

SO ORDERED.

Steven J. McAuliffe United States District Judge

January 12, 1998

cc: Marianne Marra Paul M. Gagnon, Esq.