United States District Court, E.D. Virginia, Richmond Division
(DENYING 28 U.S.C. § 2255 MOTION)
HENRY H. HUDSON, District Judge.
On December 24, 2014, the Court received from Manatino Jaquet Mines a motion under 28 U.S.C. § 2255. ("§ 2255 Motion, " ECF No. 78.) In his § 2255 Motion, Mines contends that the Court incorrectly sentenced him as a career offender. (§ 2255 Mot. 5.) Mines also requests a reduction in sentence or to be resentenced. (Id. at 13.)
I. Procedural History
On April 7, 2009, a grand jury charged Mines with possession with intent to distribute 50 grams or more of a mixture or substance containing cocaine base (Count One) and charged Mines and his co-defendant, Terry Anne Evelyn Jackson, with conspiracy to possess with intent to distribute 500 grams or more of a mixture or substance containing cocaine hydrochloride (Count Two). (Indictment 1-2, ECF No. 9-2.) Mines pled guilty pursuant to a plea agreement to Count One of the Indictment. (Plea Agreement 1, ECF No. 28.) In the Presentence Report ("PSR"), the Probation Officer determined that Mines was a career offender pursuant to United States Sentencing Guidelines Manual ("USSG") § 4B1.1, thus, his total offense level was 34. Mines's criminal history category was VI, resulting in a sentencing guideline range of 262 to 327 months of imprisonment. (See Gov't Resp. Pos. Sentencing 1-2, ECF No. 37.) Mines objected to the drug weight, the career offender finding because of the age of two of Mines's prior convictions, and requested a variance sentence. (Pos. Sentencing 1-3, ECF No. 36.) On August 8, 2009, the Court sentenced Mines to 288 months of incarceration. (J. 2, ECF No. 41.) Mines filed an appeal, however, on August 4, 2010, the United States Court of Appeals for the Fourth Circuit granted Mines's motion to voluntarily dismiss his appeal. (ECF No.53.) Since that time Mines has filed at least three motions for reduction in sentence. (ECF Nos. 50, 65, 70.)
A. Request for Resentencing or a Reduction in Sentence
Mines asks the Court to resentence him under the Fair Sentencing Act of 2010. The Court sentenced Mines in 2009. Thus, Mines lacks entitlement to relief because "the Fair Sentencing Act does not apply retroactively to sentences imposed before its enactment in 2010." United States v. Myers, ___ F.Appx. ___, 2015 WL 162162, at *2 (4th Cir. Jan. 14, 2015) (citing United States v. Bullard, 645 F.3d 237, 248 (4th Cir. 2011)); United States v. Snow, 509 F.Appx. 808, 809 (10th Cir. 2013)
Moreover, once a defendant is sentenced, the Court has no inherent authority to reconsider the defendant's sentence. See United States v. Goodwyn, 596 F.3d 233, 235 (4th Cir. 2010) (quoting United States v. Cunningham, 554 F.3d 703, 708 (7th Cir. 2009)). To the extent Mines wishes to file another motion for a reduction in sentence under 18 U.S.C. § 3582, he may not raise challenges to his original sentence in such a motion. See United States v. Dawkins, 535 F.Appx. 307, 308 (4th Cir. 2013) (explaining that challenges to an original conviction and sentence "are not cognizable in a § 3582 proceeding" (citing United States v. Hernandez, 645 F.3d 709, 712 (5th Cir. 2011))). Motions made by defendants under 18 U.S.C. § 3582 may only raise issues related to retroactive amendments to the United States Sentencing Guidelines. See 18 U.S.C. § 3582(c)(2); United States v. Mann, 435 F.Appx. 254, 255 (4th Cir. 2011). Accordingly, to the extent Mines seeks a reduction in sentence pursuant to any amendment to the United States Sentencing Guidelines, he must file a separate motion for reduction of sentence pursuant to 18 U.S.C. § 3582.
B. Statute of Limitations
Mines next states, in sum, "Miscarriage of Justice[:] My prior convictions should not have qualified me for the Career Offender status. Career offender over-represents my two prior convictions." (§ 2255 Mot. 5.) To the extent Mines states a claim for relief, his claim is barred by the statute of limitations.
Section 101 of the Antiterrorism and Effective Death Penalty Act ("AEDPA") amended 28 U.S.C. § 2255 to establish a one-year period of limitation for the filing of a § 2255 Motion. Specifically, 28 U.S.C. § 2255(f) now reads:
(f) A 1-year period of limitation shall apply to a motion under this section. The limitation period shall run from the latest of
(1) the date on which the judgment of conviction becomes final;
(2) the date on which the impediment to making a motion created by governmental action in violation of the Constitution or laws of the United States is removed, if the movant was prevented ...