Judge Robert W. Sweet
Ramirez pleaded guilty in 2000 to a superseding indictment charging two counts of conspiracy to commit murder in aid of a racketeering enterprise, two counts of using a communication facility in commission of a drug offense, and conspiracy to distribute heroin. Although the U.S. Sentencing Guidelines provided for life imprisonment, because the sentence range exceeded the combined statutory maximum sentence of 48 years, sentence was calculated at 48 years, with sentences imposed on each count running consecutively. District court denied Ramirez audita querela or error coram nobis relief, rejecting his claim that the 48-year sentence was illegal because the statutory maximum sentence on each of the five counts to which he pleaded guilty was 20 years or less. In custody, Ramirez was barred from coram nobis relief. He neither explained his failure to seek appropriate relief earlier, nor was his more than 10-year delay between sentencing and his motion for relief justified. In denying audita querela relief, the court noted that Ramirez failed to show any reason why he failed to file a direct appeal or a timely motion for 28 USC §2255 habeas relief.
