United States District Court, E.D. Virginia, Richmond Division
MEMORANDUM OPINION (DENYING 28 U.S.C. § 2255
E. Hudson United States District Judge.
William Phillips Jr., a federal inmate proceeding pro
se, submitted this motion under 28 U.S.C. §
2255 to vacate, set aside, or correct his federal sentence
("§ 2255 Motion, " ECF Nos. 29,
29-1). The Government has responded, arguing that
Phillips's § 2255 Motion is barred by the statute of
limitations. (ECF No. 31.) Phillips has not replied. For the
reasons set forth below, Phillips's § 2255 Motion
will be denied.
January 20, 2015, a grand jury charged Phillips with one
count of possession with intent to distribute a mixture and
substance containing a detectable amount of cocaine base.
(Indictment 1, ECF No. 1.) On April 24, 2015, Phillips pled
guilty to the one-count Indictment. (Plea Agreement ¶ 1,
ECF No. 17.) Prior to sentencing, a Probation Officer
determined that Phillips was "eligible for an
enhancement under the Career Offender provision pursuant to
USSG §4B1.1. [Phillips] qualifies for the enhancement
because he was at least 18 years old at the time he committed
the instant offense; the instant offense is a controlled
substance offense." (Pre-Sentence Investigation Report
("PSR") ¶ 20, ECF No. 22.) On July 24, 2015,
the Court entered judgment against Phillips and sentenced him
to 151 months of imprisonment. (J. 2, ECF No. 26.) Phillips
did not appeal.
2, 2017, Phillips placed the present § 2255 Motion in
the prison mail system for mailing to this Court. (ECF No.
29, at 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, Phillips raises a single
claim for relief: "that his sentence is in violation of
the Constitution in light of the Supreme Court's recent
decision in Mathis v. United States, 136 S.Ct. 2443
(2016)." (ECF No. 29-1, at 2.)
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 latest of-
(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
exercise of due diligence.
28 U.S.C. § 2255(f).
28 U.S.C. ...