Case: 21-60484 Document: 00516280923 Page: 1 Date Filed: 04/14/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
April 14, 2022
No. 21-60484
Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Erik Ivan Betancourt Olguin,
Defendant—Appellant.
Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 1:21-CV-141
USDC No. 1:18-CR-30-1
Before Stewart, Haynes, and Ho, Circuit Judges.
Per Curiam:*
Erik Ivan Betancourt Olguin, federal prisoner # 20670-043, moves for
a certificate of appealability (COA) to appeal the dismissal of his 28 U.S.C
§ 2255 motion challenging his conviction and sentence for conspiracy to
possess with intent to distribute methamphetamine. The district court sua
*
Pursuant to 5th Circuit Rule 47.5, the court has determined that this
opinion should not be published and is not precedent except under the limited
circumstances set forth in 5th Circuit Rule 47.5.4.
Case: 21-60484 Document: 00516280923 Page: 2 Date Filed: 04/14/2022
No. 21-60484
sponte dismissed Betancourt Olguin’s § 2255 motion, in which he raised a
claim of ineffective assistance of counsel, as time barred.
A COA may be issued only if the movant “has made a substantial
showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2); see
Slack v. McDaniel, 529 U.S. 473, 483-84 (2000). When a district court rejects
a claim on procedural grounds, this court will issue a COA only if the movant
“shows, at least, that jurists of reason would find it debatable whether the
[motion] states a valid claim of the denial of a constitutional right and that
jurists of reason would find it debatable whether the district court was correct
in its procedural ruling.” Slack, 529 U.S. at 484.
Pursuant to a Supreme Court order dated March 19, 2020, 1 the
deadline for Betancourt Olguin to file his petition for a writ of certiorari was
extended to 150 days from this court’s January 14, 2020 judgment affirming
his conviction. See United States v. Olguin, 790 F. App’x 5 (5th Cir. 2020).
Accordingly, Betancourt Olguin’s judgment of conviction would have
become final on June 12, 2020, and he would have had until June 12, 2021, to
file his § 2255 motion; his § 2255 motion, filed on April 14, 2021, was
therefore seemingly timely. See § 2255(f)(1); Clay v. United States, 537 U.S.
522, 532 (2003). Further, reasonable jurists could debate whether
Betancourt Olguin’s claim that his trial counsel rendered ineffective
assistance by misadvising him during plea negotiations states a valid claim of
the denial of a constitutional right. See Houser v. Dretke, 395 F.3d 560, 561
(5th Cir. 2004).
As Betancourt Olguin has made the necessary showing, we GRANT
his motion for a COA. See Slack, 529 U.S. at 484; Houser, 395 F.3d at 561.
1
See https://www.supremecourt.gov/orders/courtorders/031920zr_d1o3.pdf.
2
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No. 21-60484
Since further briefing is unnecessary, we VACATE the judgment of the
district court and REMAND for further proceedings.
3