contentions by a preponderance of the evidence. United States v. Simpson, 475 F.2d 934, 935 (D.C.Cir.1973); accord Triana v. United States, 205 F.3d 36, 40 (2d Cir.2000). Relief under section 2255, however, is an extraordinary remedy. Addonizio, 442 U.S. at 184, 99 S.Ct. 2235; United States v. Pollard, 959 F.2d 1011, 1020 (D.C.Cir.1992). B. The Petitioner’s Motion is Time-Barred Section 2255 actions are subject to a one-year statute of limitations. 28 U.S.C. § 2255. The one-year period of limitations begins to run on the date on which the judgment of conviction becomes final. Id. In this case, the petitioner’s sentence became final on June 28, 2004, when the time period for filing a timely appeal expired. Fed. R.App. P. 4(b)(1); Moshier v. United States, 402 F.3d 116, 118 (2d Cir.2005) (<HOLDING>); Sanchez-Castellano v. United States, 358 F.3d
holding that a state court criminal judgment is final for purposes of collateral attack in federal court at the conclusion of review in the united states supreme court or when the time for seeking certiorari review expires holding that for purposes of  2255 motions a federal criminal judgment becomes final when the time for filing a direct appeal expires holding that defendant could not raise in a  2255 motion an issue previously decided on direct criminal appeal holding that jurisdiction to entertain a motion to withdraw a guilty plea pursuant to icr 33c expires when the judgment of conviction becomes final ie when an appeal is concluded or in the absence of an appeal when the time for appeal has expired holding that a judgment of conviction becomes final when the time expires for filing a petition for certiorari contesting the appellate courts affirmation of the conviction