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United States v. Clarke

United States District Court, E.D. Virginia. Richmond Division

May 8, 2015

UNITED STATES OF AMERICA,
v.
JABRON AHKEE CLARKE

MEMORANDUM OPINION

ROBERT E. PAYNE, Senior District Judge.

Jabron Ahkee Clarke, a federal inmate proceeding pro se, brings this motion pursuant to 28 U.S.C. § 2255 ("§ 2255 Motion, " ECF No. 268). The Government has moved to dismiss, inter alia, on the ground that the statute of limitations bars the § 2255 Motion. For the reasons set forth below, the § 2255 Motion will be dismissed as barred by the statute of limitations.

I. PROCEDURAL HISTORY

Clarke pled guilty to conspiracy to possess with intent to distribute five grams or more of cocaine base. {Plea Agreement 1, ECF No. 48.) On November 9, 2005, the Court entered judgment against Clarke and sentenced him to 235 months of imprisonment. (J. 2, ECF No. 94.)[1] Clarke did not appeal.

On August 26, 2012, Clarke executed and placed his § 2255 Motion in prison mail system for transmission to this Court. The Court deems the § 2255 Motion filed as of that date. See Houston v. Lack, 487 U.S. 266, 276 (1988).

In his § 2255 Motion, Clarke asserts entitlement to relief upon the following ground:[2]

Claim One: Clarke's "prior convictions were not eligible for enhancement pursuant to criminal history points." (§ 2255 Mot. 5.) Clarke received various points; because of prior convictions. In which under "new rules" a prior conviction must exceed more than a year imprisonment, and the courts must look at the defendant's offense, and not hypothetically say what his maximum could have been." (Id.)

II. 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 from making a motion by such governmental action;

(3) the date on which the right asserted was initially recognized by the Supreme Court, if that right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or

(4) the date on which the facts supporting the claim or claims presented could have been discovered through ...


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