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United States v. Molina

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

July 23, 2018

UNITED STATES OF AMERICA
v.
JULIAN MOLINA

          MEMORANDUM OPINION

          Robert E. Payne Senior United States District Judge

         Julian Molina, a federal inmate proceeding pro se, brings this motion pursuant to 28 U.S.C. § 2255. (ECF No. 63). The Government has responded, asserting that Molina's § 2255 Motion is untimely. (ECF No. 65.) For the reasons set forth below, the § 2255 Motion will be dismissed as barred by the statute of limitations.

         I. PROCEDURAL HISTORY

         On September 10, 2015, the Court entered judgment against Molina and sentenced him to 120 months of imprisonment for disposing of a firearm or ammunition to a person knowing that such person is a convicted felon. (ECF No. 52, at 1-2.J[1] Molina did not appeal.

         On August 22, 2017, Molina placed the present § 2255 Motion in the prison mail system for mailing to this Court. (ECF No. 63, at 14.) 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, Molina contends that he failed to receive the effective assistance of counsel because counsel failed to alert Molina that Ronald Johnson, the owner of the vehicle in which the ammunition and gun were found, was willing to testify that Johnson placed the gun in the vehicle unbeknownst to Molina.[2] (ECF No. 63, at 7-8.)

         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 ...

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