United States District Court, E.D. Virginia, Richmond Division
E. Payne Senior United States District Judge.
Dwayne Brunson, a federal inmate proceeding pro se,
brings this motion pursuant to 28 U.S.C. § 2255
("§ 2255 Motion, " ECF No. 45). The Government
has responded, asserting, inter alia, that
Brunson's § 2255 Motion is untimely filed. (ECF No.
47.) For the reasons set forth below, the § 2255 Motion
will be dismissed as barred by the statute of limitations.
16, 2012, a grand jury returned a one-count Indictment
against Brunson, charging him with possession of a firearm by
a felon, in violation of 18 U.S.C. § 922(g)(1).
(Indictment 1, ECF No. 1.) On October 19, 2012, Brunson pled
guilty to the one count alleged in the Indictment. (Plea
Agreement ¶ 1, ECF No. 17.)
to sentencing, a Probation Officer determined that Brunson
"qualif[ied] for the Armed Career Criminal enhancement,
pursuant to [United States Sentencing Guideline] §
4B1.4(a) as a result of his three prior serious drug offenses
committed on occasions different from one another."
(Pre-Sentence Investigation Report ("PSR") ¶
30, ECF No. 26.) Specifically, Brunson had previously been
convicted of Distribution of Cocaine as well as two separate
charges of Possession of Cocaine with Intent to Distribute.
(Id.) On March 12, 2013, the Court entered judgment
against Brunson and sentenced him to 180 months of
imprisonment. (J. 2, ECF No. 43.) Brunson did not appeal.
about January 15, 2016, Brunson placed the present §
2255 Motion in the prison mail system for mailing to this
Court. (§ 2255 Mot. 2.) 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, Brunson
contends that he is entitled to relief pursuant to United
States v. Vann, 660 F.3d 771 (4th Cir. 2011), because
his November 16, 2007 Alford plea to the charge of Possession
of Cocaine with Intent to Distribute no longer qualifies as a
predicate offense under the Armed Career Criminal Act
(WACCA"). (§ 2255 Mot. 2.) Brunson also
vaguely asserts that he is entitled to relief under
Johnson v. United States, 135 S.Ct. 2551 (2015).
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
(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
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