Suero-Peralta

MEMORANDUM

Raymond Suero-Peralta (“Petitioner”) seeks to challenge collaterally a 1992 conviction by guilty plea for which he received a sixty-month term of imprisonment. Petitioner contends that he pleaded guilty with the understanding that his federal sentence would run concurrently with a state sentence that was anticipated but had not yet been imposed. Although the state court did subsequently impose a sentence that was to run concurrently with the federal sentence, Petitioner claims that at one point, the United States Bureau of Prisons (“BOP”) improperly treated his state and federal sentences as running partially consecutive to each other.

In 2007, Petitioner filed a pro se motion in which he asked the district court to vacate his 1992 conviction as void ab initio. Before the court ruled on the motion, Petitioner asked the court to construe his motion as a petition for writ of error coram nobis. Without -mentioning Petitioner’s coram nobis request, the district court denied the motion and dismissed it with prejudice. Two years later, the BOP granted Petitioner’s administrative appeal relating to the calculation of his sentencing credits. In 2010, Petitioner asked this…