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United States v. Mills

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

April 26, 2018

UNITED STATES OF AMERICA
v.
DOUGLAS McARTHUR MILLS, Petitioner.

          MEMORANDUM OPINION (Denying 28 U.S.C. § 2255 Motion)

          HENRY E. HUDSON UNITED STATES DISTRICT JUDGE

         Petitioner, 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. 39).[1] The Government has moved to dismiss, asserting that Petitioner's § 2255 Motion is barred by the statute of limitations. (ECF No. 49.) For the reasons set forth below, Petitioner's § 2255 Motion will be denied as barred by the statute of limitations.

         I. PROCEDURAL HISTORY

         Petitioner pled guilty to distribution of 50 grams or more of cocaine base. (See ECF No. 13, at 1.) After determining that Petitioner was a career offender, (ECF No. 18, at 1), the Court sentenced Petitioner to 327 months of imprisonment. (ECF No. 21, at 2.) The Court entered judgment reflecting this sentence on September 3, 2009. (Id. at 1.) Petitioner did not appeal.

         On April 15, 2016, Petitioner mailed his § 2255 Motion to the Court. (§ 2255 Mot. 9.) 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, Petitioner contends that he is entitled to relief upon the following grounds:

Claims 1 and 2 Petitioner was improperly sentenced as a career offender. (§ 2255 Mot. 3-4.)
Claim 3 Petitioner was denied the effective assistance of counsel because:
(a) counsel failed to challenge Petitioner's illegal sentence; and,
(b) counsel failed to file pretrial motions. (Id. at 5.)

         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 ...

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