United States District Court, E.D. Virginia, Richmond Division
A. Gibney, Jr. United States District Judge.
Lee Bennett, 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. 35). The Government has responded, asserting
that Bennett's § 2255 Motion is barred by the
statute of limitations. (ECF No. 43.) Bennett filed an
"OPPOSITION TO GOVERNMENT'S REQUEST TO FILE 'OUT
OF TIME, '" but he fails to address the
Government's arguments. For the reasons set forth below,
Bennett's § 2255 Motion will be denied as untimely.
October 27, 2014, Bennett pled guilty to possession of a
firearm during and in furtherance of drug trafficking (Count
Two). (ECF No. 17, at 1-2.) On January 28, 2015, the Court
sentenced Bennett to 240 months of imprisonment, and Counts
One and Three were dismissed upon motion of the Government.
(ECF No. 29, at 1-2.) Bennett filed no appeal. On August 30,
2017, Bennett filed the instant § 2255 Motion. (ECF No.
35, at 5.)
§ 2255 Motion, Bennett contends that he is entitled to
relief because the Court improperly found him to be a career
offender under the United States Sentencing Guidelines.
(Id. at 2-5.)
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 o f 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 making a motion by such
(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).
The Statute of Limitations Bars Bennett's ...