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United States v. Anderson

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

August 15, 2017

UNITED STATES OF AMERICA
v.
DURON DEMONT ANDERSON, Petitioner.

          MEMORANDUM OPINION (DENYING 28 U.S.C. § 2255 MOTION)

          HENRY E. HUDSON UNITED STATES DISTRICT JUDGE

         Duron Demont Anderson, 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. 24).[1] The Government has responded, asserting that Anderson's § 2255 Motion is barred by the statute of limitations and that it is meritless. For the reasons set forth below, Anderson's § 2255 Motion will be dismissed as barred by the statute of limitations.

         I. PROCEDURAL HISTORY

         On March 30, 2007, Anderson pled guilty to possession with intent to distribute heroin, in violation of 21 U.S.C. § 841(b)(1)(C), as charged in Count Two of the Indictment against him, and possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c), as charged in Count Three of the Indictment against him. (See Presentence Investigation Report ("PSR") ¶ 6, ECF No. 22.) On July 2, 2007, the Court entered judgment and sentenced Anderson to 240 months of imprisonment on Count Two, and 60 months of imprisonment on Count Three, to be served consecutively. (See Gov't's Resp. 1.) Anderson did not appeal.

         On June 13, 2016, Anderson 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, Anderson contends that his conviction under § 924(c) is now unconstitutional pursuant to the Supreme Court's recent decision in Johnson v. United States, 135 S.Ct. 2551(2015). (§ 2255 Mot. 4.)

         II. ANALYSIS

         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 the exercise of due diligence.

28 U.S.C. § 2255(f).

         A. 28 U.S.C. ...


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