United States District Court, E.D. Virginia, Richmond Division
E. Payne Senior United States District Judge.
Ralph Artis, Jr., a federal inmate proceeding pro
se, brings this motion pursuant to 28 U.S.C. § 2255
("§ 2255 Motion, " ECF No. 36). The Government
has responded, asserting, inter alia, that
Artis's § 2255 Motion is untimely filed. (ECF No.
43.) For the reasons set forth below, the § 2255 Motion
will be dismissed as barred by the statute of limitations.
October 12, 2012, a Criminal Complaint was filed, charging
Artis with one count of distribution of a mixture and
substance containing a detectable amount of cocaine base.
(Criminal Complaint 1, ECF No. 1.) On November 7, 2012, a
grand jury returned a one-count Indictment against Artis,
charging him with the same crime. (Indictment 1, ECF No. 6.)
On December 17, 2012, a grand jury returned a Superseding
Indictment against Artis, charging him with one count of
conspiracy to distribute and possess with intent to
distribute more than 280 grams of cocaine base (Count One);
four counts of distribution of cocaine base (Counts Two,
Three, Four, and Five); one count of maintaining a
drug-involved premises (Count Six); one count of possession
of a firearm in furtherance of a drug trafficking crime
(Count Seven); one count of possession of a firearm with an
obliterated serial number (Count Eight); and one count of
possession of a firearm by a prohibited person (Count Nine).
(Superseding Indictment 1-4, ECF No. 9.)
March 4, 2013, the Government filed a Criminal Information
against Artis, charging him with one count of conspiracy to
distribute and possess with intent to distribute 28 grams or
more of cocaine base. (Criminal Information 1, ECF No. 15.)
On March 4, 2013, Artis pled guilty to the one count
contained in the Criminal Information. (Plea Agreement ¶
1, ECF No. 19.) On June 11, 2013, the Court entered judgment
against Artis and sentenced him to 156 months of
imprisonment. (J. 2, ECF No. 33.) The Court also granted the
Government's motion to dismiss the Indictment and
Superseding Indictment as to Artis. (Id. at 1.)
Artis did not appeal.
February 2, 2015, Artis placed the present § 2255 Motion
in the prison mail system for mailing to this Court. (§
2255 Mot. II.) 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, Artis raises the
Claim One: "Defense counsel was ineffective for failing
to challenge the sufficiency of the search warrant."
(§ 2255 Mot. 4.)
Claim Two: "Defense counsel was ineffective for
failing to negotiate a favorable plea deal for
Petitioner." (Id. at 5.)
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)
(f) A 1-year period of limitation shall apply to a motion
under this section. The limitation period shall run from the
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
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 the
exercise of due diligence.
28 U.S.C. § 2255(f).
U.S.C. § 2255(f)(1)
Artis did not appeal, under 28 U.S.C. § 2255(f)(1), his
conviction became final on Tuesday, June 25, 2013, the last
date to file an appeal. See United States v.
Clayton, No. 3:07cr488, 2010 WL 4735762, at *3 (E.D. Va.
Nov. 15, 2010) (citing Arnette v. United States,
Nos. 4:01CR16, 4:04CV122, 2005 WL 1026711, at *4 (E.D. Va.
May 2, 2005)). Hence, Artis had until Wednesday, June 25,
2014 to file any motion under 28 U.S.C. § 2255. Because
Artis did not file his § 2255 Motion until February 2,
2015, the motion is untimely pursuant to 28 U.S.C. §
2255(f) (1) .