United States District Court, M.D. Alabama, Northern Division
RECOMMENDATION OF THE MAGISTRATE JUDGE
WALLACE CAPEL, JR., CHIEF UNITED STATES MAGISTRATE JUDGE
the court is petitioner Dennis Coleman's
(“Coleman”) motion to vacate, set aside, or
correct sentence under 28 U.S.C. § 2255, which Coleman
filed on September 14, 2015. See Doc. No.
Coleman presents claims that his 2013 guilty plea to
conspiracy to defraud the United States was not knowing and
voluntary and that a clerical error in the district
court's judgment caused a federal detainer to be lodged
against him. The Government argues that Coleman's §
2255 motion is untimely under the one-year limitation period
in 28 U.S.C. § 2255(f). See Doc. No. 11. Upon
review of the pleadings, the evidentiary materials, and the
applicable law, this court concludes that Coleman's
§ 2255 motion was not filed within the time allowed by
federal law. Therefore, his motion should be denied as
untimely and this case should be dismissed with prejudice.
September 3, 2013, Coleman pleaded guilty to conspiracy to
defraud the United States, in violation of 18 U.S.C. §
371. See Doc. No. 11-2. On December 5, 2013, the
district court sentenced Coleman to two months in prison,
with that sentence to be served concurrently with his
sentence in State of Alabama case number CC-11-883. Doc. No.
11-3; see also Criminal No. 2:13cr90-MHT, Doc. No.
351. Judgment was entered by the district court on December
16, 2013. Doc. 11-3.
did not appeal. He did however file motions with the district
court seeking to have the judgment in his case amended so his
sentence would be ordered to run concurrently with State of
Alabama case number CC-01-5162, instead of case number
CC-11-883. Doc. Nos. 11-4 through 11-6. The district court
denied those motions. See Criminal No. 2:13cr90-MHT,
Doc. Nos. 514, 538, and 552.
filed this § 2255 motion on September 14,
2015. Doc. No. 1.
1996, Congress enacted the Antiterrorism and Effective Death
Penalty Act (“AEDPA”), which established a
one-year limitation period for filing a motion under 28
U.S.C. § 2255. In pertinent part, AEDPA amended §
2255 to provide:
A 1-year period of limitation shall apply to a motion under
this section. The limitation period shall run from the latest
(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 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