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Coleman v. United States

United States District Court, M.D. Alabama, Northern Division

November 17, 2017

DENNIS COLEMAN, Petitioner,
v.
UNITED STATES OF AMERICA, Respondent.

          RECOMMENDATION OF THE MAGISTRATE JUDGE

          WALLACE CAPEL, JR., CHIEF UNITED STATES MAGISTRATE JUDGE

         I. INTRODUCTION

         Before 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. 1.[1] 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.

         II. DISCUSSION

         On 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.

         Coleman 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.

         Coleman filed this § 2255 motion on September 14, 2015.[2] Doc. No. 1.

         In 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 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 ...

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