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United States v. Phillips

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

April 10, 2018

UNITED STATES OF AMERICA
v.
LEON WILLIAM PHILLIPS, JR., Petitioner.

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

          Henry E. Hudson United States District Judge.

         Leon 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).[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.

         I. PROCEDURAL HISTORY

         On 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.)[2] 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.

         On June 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.)

         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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