Sears
Sears v. United States
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 SUSAN ANN SEARS, an individual, Case No.: 21-CR-03189-GPC Related Case No.: 24-CV-01732-GPC Plaintiff,
v. ORDER DENYING AND
DISMISSING PETITIONER’S
UNITED STATES OF AMERICA
MOTION TO VACATE, SET ASIDE,
Defendant. OR CORRECT SENTENCE
PURSUANT TO 28 U.S.C § 2255
[ECF No. 1]
18 On April 27, 2024, the Court entered a judgment against Susan Ann Sears following her conviction for multiple counts of wire fraud. ECF No. 56. Following Ms. Sears’ conviction, the Court entered an Order of Criminal Forfeiture, ECF No. 44, and an Order of Restitution, ECF No. 55. On September 19, 2024, Ms. Sears filed the instant motion to vacate pursuant to 28 U.S.C. § 2255. ECF No. 87. In her motion, Ms. Sears challenges both the forfeiture and restitution orders. Id. At the outset, the Court notes that Ms. Sears’ motion is untimely, as it was filed over a year after the judgment…