United States District Court, N.D. Alabama, Southern Division
MEMORANDUM OF OPINION
SCOTT COOGLER UNITED STATES DISTRICT JUDGE
Michael Sumerlin (“Sumerlin”) seeks to have his
sentence vacated, set aside, or otherwise corrected pursuant
to 28 U.S.C. § 2255. (Docs. 1 & 2.) The Government
has filed a Motion to Dismiss this action as time-barred.
(Doc. 4.) For the following reasons, the motion to dismiss
will be granted, the § 2255 motion will be denied as
time-barred, and this action will be dismissed with
1, 2009, a federal grand jury in the Northern District of
Alabama returned a one-count indictment charging Sumerlin
with committing the crime of Possession with the Intent to
Distribute 50 grams or More of a Mixture and Substance
Containing Cocaine Base, more commonly referred to as
“Crack” Cocaine, in violation of 21 U.S.C.
§§ 841(a)(1) and (b)(1)(A). The indictment was
unsealed on July 20, 2009, upon Sumerlin's initial
appearance on the charges. On August 7, 2009, the government
filed a Notice of Prior Felony Drug Convictions pursuant to
21 U.S.C. § 851. After the notice of prior convictions,
Sumerlin faced a mandatory life sentence upon conviction of
the charge in the indictment.
January 11, 2010, Sumerlin's jury trial commenced and he
was convicted on January 12, 2010. On August 5, 2010, this
Court imposed a custodial sentence of life. Judgment was
entered on August 6, 2010.
August 12, 2010, Sumerlin filed a notice of appeal. On
October 29, 2012, after issuance of a mandate from the
Eleventh Circuit Court of Appeals, Sumerlin's sentence
was vacated and remanded pursuant to the Fair Sentencing Act
of 2010 and the reduction in the cocaine base guidelines.
January 8, 2013, this Court re-sentenced Sumerlin to 15
years' imprisonment and 96 months' supervised
release. On January 11, 2013, judgment was entered.
did not appeal the conviction/judgment of January 11, 2013.
Sumerlin did not file the instant habeas motion until June
Anti-Terrorism and Effective Death Penalty Act
(“AEDPA”) provides for a one-year period in which
a motion for post-conviction relief under § 2255 must be
filed. Under the AEDPA, the one-year period in which to file
a motion under § 2255 begins to run from the latest of
(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 making such 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