United States District Court, E.D. Virginia, Richmond Division
MEMORANDUM OPINION (DENYING 28 U.S.C. § 2255
E. HUDSON UNITED STATES DISTRICT JUDGE
Allen Bearfield, a federal inmate proceeding pro se,
submitted this motion under 28 U.S.C. § 2255 to vacate,
set aside, or correct his sentence ("§ 2255 Motion,
" ECF No. 41). The Government has responded, asserting,
inter alia, that Bearfield's § 2255 Motion
is barred by the statute of limitations. (ECF No. 48.) For
the reasons set forth below, Bearfield's § 2255
Motion will be denied.
28, 2010, the Government filed a Criminal Complaint against
Bearfield, charging him with possession with intent to
distribute 50 grams or more of cocaine base. (Criminal
Complaint 1, ECF No. I.) On August 3, 2010, a grand jury
charged Bearfield with one count of possession with intent to
distribute 50 grams or more of a mixture and substance
containing a detectable amount of cocaine base (Count One),
and one count of conspiracy to distribute and possess with
intent to distribute a mixture and substance containing a
detectable amount of cocaine hydrochloride (Count Two).
(Indictment 1-2, ECF No. 10.) On October 13, 2010, Bearfield
pled guilty to Count One. (Plea Agreement ¶ 1, ECF No.
14.) On January 19, 2011, the Court entered judgment against
Bearfield and sentenced him to 320 months of imprisonment.
(J. 2, ECF No. 24.) On August 22, 2011, the United States
Court of Appeals for the Fourth Circuit dismissed
Bearfield's appeal based on the waiver of appellate
rights included in Bearfield's Plea Agreement. United
States v. Bearfield, 443 F.App'x 853, 854 (4th Cir.
December 7, 2014, Bearfield placed the present § 2255
Motion in the prison mail system for mailing to this Court.
(§ 2255 Mot. 13.) 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, Bearfield raises
the following claims for relief:
Claim One: "Ineffective assistance of counsel."
(§ 2255 Mot. 4.)
Claim Two: "Whether prior offenses used to enhance my
sentence [are] no longer applicable." (Id. at
Claim Three: "Whether signed plea agreement at this
junction [is] valid." (Id. at 7.)
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)
(1) A 1-year period of limitation shall apply to a motion
under this section. The limitation period shall run from the
(1) the date on which the judgment of conviction becomes
(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
(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