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Stokes v. United States

United States District Court, Middle District of Alabama, Eastern Division

September 4, 2014

BRADLEY WAYNE STOKES, Petitioner,
v.
UNITED STATES OF AMERICA, Respondent.

RECOMMENDATION OF THE MAGISTRATE JUDGE

WALLACE CAPEL, JR., UNITED STATES MAGISTRATE JUDGE

I. INTRODUCTION

On October 20, 2012, federal inmate Bradley Wayne Stokes (“Stokes”) filed this pro se motion to vacate, set aside, or correct sentence under 28 U.S.C. § 2255. Doc. No. 1. Stokes challenges his guilty-plea convictions and resulting sentence for various federal firearms offenses. The government argues Stokes’s § 2255 motion is time-barred because it was filed after expiration of the one-year limitation period. Doc. No. 4. The court concludes the government is correct and that the § 2255 motion should be denied because it was not filed within the time allowed by federal law.

II. DISCUSSION

A. One-year Limitation Period

The timeliness of Stokes’s § 2255 motion is governed by 28 U.S.C. § 2255(f). That section provides:

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(f).

On June 9, 2009, Stokes pled guilty to several federal firearms offenses, including three counts of violating 18 U.S.C. § 922(g)(1), which prohibits possession of a firearm by a convicted felon. On June 10, 2010, the district court sentenced Stokes to 200 months in prison. Judgment was entered by the district court on June 16, 2010. Stokes took no appeal. His conviction therefore became final fourteen days later, on June 30, 2010.[1] Under 28 U.S.C. ยง 2255(f)(1), Stokes had until June 30, ...


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