Pandemic Darlings The pandemic economy, in original documents
Home Order — U.S. v. Aditya Raj Sharma (D. Minn.)Search ⌕

Order — U.S. v. Aditya Raj Sharma (D. Minn.)

Summary

An order by Judge David S. Doty dated January 3, 2024 and filed as Doc. 150 in United States v. Aditya Raj Sharma, Criminal No. 20-261 (DSD/TNL), in the U.S. District Court for the District of Minnesota. It recites that Sharma pleaded guilty to wire fraud under 18 U.S.C. § 1343 on July 28, 2021, was sentenced in March 2022 to 60 months in prison, and that his conviction became final on September 20, 2022. The court finds his October 17, 2023 motion under 28 U.S.C. § 2255 untimely, rejecting arguments based on new case law about actual versus intended loss and on counsel's errors as grounds for equitable tolling. It grants the government's motion to dismiss, denies the § 2255 motion and a certificate of appealability, and stays his motion for a sentence reduction under 18 U.S.C. § 3582.

Summary drafted by a model from the text of the original file linked on this page and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Order — U.S. v. Aditya Raj Sharma (D. Minn.).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-0-20-cr-00261-dkt-150-d-minn-9dbffe55b6/, SHA-256 95a6e5e26ad49c82dbbd327fa10ed0539371a81b2b3da3e03e43ddeb47512070.

Full text

         CASE 0:20-cr-00261-DSD-TNL Doc. 150 Filed 01/03/24 Page 1 of 5



                        UNITED STATES DISTRICT COURT
                            DISTRICT OF MINNESOTA
                       CRIMINAL NO. 20-261 (DSD/TNL)

United States of America,

                   Plaintiff,

v.                                                        ORDER

Aditya Raj Sharma,

                   Defendant.



     This matter is before the court upon defendant Aditya Raj

Sharma’s motion to correct or amend sentence under 28 U.S.C. § 2255

and motion for a sentence reduction under 18 U.S.C. § 3582.               The

government opposes the § 2255 motion as untimely and the § 3582

motion as premature.        Based on a review of the file, record, and

proceedings herein, and for the following reasons, Sharma’s motion

under § 2255 is dismissed and the motion under § 3582 is stayed. 1



                                  BACKGROUND

     On July 28, 2021, Sharma pleaded guilty to wire fraud, in

violation of 18 U.S.C. § 1343.        In March 2022, the court sentenced

him to a 60-month term of imprisonment to be followed by two years




     1   Motions under § 3582 and the recent amendments to the
United States Sentencing Guidelines are being considered through
a separate process in this district. As a result, the court will
stay a determination on the § 3582 motion pending completion of
that process.
      CASE 0:20-cr-00261-DSD-TNL Doc. 150 Filed 01/03/24 Page 2 of 5



of   supervised     release.        Sharma       unsuccessfully     appealed    his

sentence to the Eighth Circuit Court of Appeals.                        The Eighth

Circuit entered judgment on June 22, 2022.                Sharma did not file a

petition for certiorari with the United States Supreme Court.                   As

a result, his conviction became final for purposes of § 2255 on

September 20, 2022.       Sharma filed his § 2255 motion on October 17,

2023, twenty-seven days late.

      Sharma is currently housed at FCP-Duluth and is due to be

released on October 13, 2025.              On October 17, 2023, Shamra moved

pro se to correct or amend sentence under 28 U.S.C. § 2255.                     He

later retained counsel.         ECF No. 145.         The government now moves to

dismiss the motion as time barred.



                                    DISCUSSION

I.    Standard

     Section     2255    provides     a    federal      inmate   with   a   limited

opportunity    to   challenge       the    constitutionality,       legality,    or

jurisdictional basis of a sentence imposed by the court.                       This

collateral     relief    is    an   extraordinary        remedy,    reserved    for

violations of constitutional rights that could not have been raised

on direct appeal.       United States v. Apfel, 97 F.3d 1074, 1076 (8th

Cir. 1996).    When considering a § 2255 motion, a court may hold an

evidentiary hearing.          See 28 U.S.C. § 2255(b).           A hearing is not

required,     however,    when      “(1)       the   petitioner’s    allegations,

                                           2
       CASE 0:20-cr-00261-DSD-TNL Doc. 150 Filed 01/03/24 Page 3 of 5



accepted as true, would not entitle the petitioner to relief, or

(2) the allegations cannot be accepted as true because they are

contradicted by the record, inherently incredible, or conclusions

rather than statements of fact.”          Sanders v. United States, 341

F.3d 720, 722 (8th Cir. 2003) (citation and internal quotation

marks omitted).      Here, no hearing is required.

II.   Timeliness of Motion

      The government moves to dismiss Sharma’s motion as untimely

under § 2255(f).       Relevant here, § 2255 motions must be filed

within one year of the latest of:

        1. [T]he date on which the judgment of conviction
           becomes final; [or]

        4. [T]he 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)(1) & (4).

      Sharma does not dispute that his conviction became final on

September 20, 2022, and that he had one year from that date to

timely file a motion under § 2255.         He also does not dispute that

his   motion   was   untimely   under    the   first   relevant   clause   of

§ 2255(f), as he filed it nearly a month after the deadline.

      Sharma argues, however, that his motion is timely under clause

four due to intervening case law that he could not have discovered

before the filing deadline.      Clause four does not address changes

in the law, however.      Rather, it addresses the discovery of new

                                     3
       CASE 0:20-cr-00261-DSD-TNL Doc. 150 Filed 01/03/24 Page 4 of 5



“facts” that could support a claim under § 2255.           Sharma raises no

such facts here.        As such, clause 4 is inapplicable.

       Sharma also argues that the doctrine of equitable tolling

applies due to intervening law and the errors of his counsel.

Neither argument is tenable.

       Equitable tolling applies if the moving party demonstrates

that   (1)   he   has    diligently   pursued   his   rights,   and    (2)   an

extraordinary circumstance prevented timely filing.             Muhammad v.

United States, 735 F.3d 812, 815 (8th Cir. 2013).           Sharma contends

that new circuit case law supporting his claim that he should be

held responsible for actual loss rather than intended loss was

issued too close to his filing deadline for him to reasonably

discover in time.        But a “decision taken from a federal court of

appeals does not provide an independent basis” for equitable

tolling.     E.J.R.E. v. United States, 453 F.3d 1094, 1098 (8th Cir.

2006).

       Sharma’s contention that his appellate and current counsel’s

errors fares no better under the law.           “Ineffective assistance of

counsel generally does not warrant equitable tolling.”                Beery v.

Ault, 312 F.3d 948, 951 (8th Cir. 2002).              Only serious attorney

misconduct rather than negligence may warrant such tolling. United

States v. Martin, 408 F.3d 1089, 1093 (8th Cir. 2005).                No such

misconduct is alleged here.           As a result, Sharma has failed to

establish the elements necessary for equitable tolling.

                                       4
      CASE 0:20-cr-00261-DSD-TNL Doc. 150 Filed 01/03/24 Page 5 of 5



III. Certificate of Appealability

     To warrant a certificate of appealability, a defendant must

make a “substantial showing of the denial of a constitutional

right” as required by 28 U.S.C. § 2253(c)(2).              A “substantial

showing”   requires   a   petitioner    to   establish   that   “reasonable

jurists” would find the court’s assessment of the constitutional

claims “debatable or wrong.”       Slack v. McDaniel, 529 U.S. 473,

483–84 (2000).   The court is firmly convinced that Sharma’s claim

is barred as untimely, and that reasonable jurists could not differ

on the result.   As a result, a certificate of appealability is not

warranted.

                               CONCLUSION

     Accordingly, IT IS HEREBY ORDERED that:

     1.    The motion to dismiss [ECF No. 146] is granted;

     2.    The motion to correct or amend sentence under 28 U.S.C.

§ 2255 [ECF No. 143] is denied as untimely;

     3.    The court stays determination of Sharma’s motion under

18 U.S.C. § 3582; and

     4.    A certificate of appealability is denied.

LET JUDGMENT BE ENTERED ACCORDINGLY.


Dated: January 3, 2024
                                         s/David S. Doty
                                         David S. Doty, Judge
                                         United States District Court



                                    5


File and source

File
150.pdf
Size
95,778 bytes
SHA-256
95a6e5e26ad49c82dbbd327fa10ed0539371a81b2b3da3e03e43ddeb47512070
Our copy
150.pdf
Original
archive.org
Back to top