United States District Court, E.D. Virginia, Richmond Division
MEMORANDUM OPINION (Denying 28 U.S.C. § 2255
E. HUDSON UNITED STATES DISTRICT JUDGE
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). 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.
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.
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
(a) counsel failed to challenge Petitioner's illegal
(b) counsel failed to file pretrial motions. (Id. at
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 ...