Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Hyman v. United States

United States District Court, E.D. Virginia, Newport News Division

November 28, 2018

TRAVINA ATARA HYMAN, Petitioner,
v.
UNITED STATES OF AMERICA, Respondent.

          MEMORANDUM ORDER

          RAYMOND A. JACKSON UNITED STATES DISTRICT JUDGE.

         Travina Hyman ("Petitioner") has filed a. pro se motion to vacate, set aside, or correct her sentence pursuant to 28 U.S.C. § 2255. Having considered Petitioner's motion, the Court concludes that Petitioner has not shown any reason for the Court to toll the statute of limitations provisions of 28 U.S.C. § 2255. Accordingly, Petitioner's motion is DISMISSED.

         I. FACTUAL AND PROCEDURAL HISTORY

         On February 19, 2016, Petitioner pleaded guilty to the criminal information charging Petitioner with Unlawful Monetary Transactions, in violation of 18 U.S.C. § 1957. ECF No. 9. On October 3, 2016, the Court sentenced Petitioner to ninety-six (96) months in prison. ECF No. 24. Petitioner's total offense level was 22, her criminal history category was VI, and her guideline range was 84 to 105 months. ECF No. 22. Petitioner did not appeal. Petitioner later filed a motion to reduce her sentence on March 12, 2018 which was subsequently denied by this Court on July 9, 2018 due to untimely filling. ECF Nos. 30 and 42. Petitioner filed the present motion to vacate on August 6, 2018. ECF No. 43.

         II. LEGAL STANDARD

         A. Title 28 U.S.C. § 2255 statute of limitations

         In 1996, Congress amended the law governing § 2255 motions as a part of the Antiterrorism and Effective Death Penalty Act ("AEDPA"). See 28 U.S.C. § 2255. Section 2255 provides in relevant part that:

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. To determine whether Petitioner has timely filed her motion, the Court must measure one year from the most recent date provided by § 2255 subsections one through four.

         B. Pr ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.