United States District Court, N.D. Alabama, Western Division
MEMORANDUM OF OPINION
L.
SCOTT COOGLER UNITED STATES DISTRICT JUDGE.
I.
Introduction
This is
a motion to vacate, set aside, or correct a sentence pursuant
to 28 U.S.C. § 2255, filed by Petitioner Thomas Blanks
II (“Blanks”) on January 8, 2019. (Doc. 1.)
Pursuant to § 2255(b) and Rule 4 of the Rules Governing
Section 2255 Proceedings, this Court has conducted a
preliminary review of the motion and determines that it is
due to be denied and this action dismissed.
II.
Background
On
January 31, 2017, Blanks pled guilty pursuant to a written
plea agreement to violating 21 U.S.C. §§ 846 &
841(a)(1) / Conspiracy to Possess with Intent to Distribute
and Distribute a Mixture and Substance Containing Cocaine
Hydrochloride (Count 1); 21 U.S.C. § 841(a)(1) /
Possession with the Intent to Distribute a Mixture and
Substance Containing Cocaine Hydrochloride (Count 2); 18
U.S.C. § 922(g)(1) / Felon in Possession of a Firearm
and Ammunition (Count 3); and 18 U.S.C. § 1952(a)(3) /
Using a Facility (FedEx) in Interstate Commerce to Carry On
an Unlawful Activity (Distribution of Controlled Substances)
(Count 4). On June 8, 2017, this Court sentenced Blanks to a
term of imprisonment of 60 months. It also sentenced Blanks
to a term of supervised release of 240 months as to Counts 1
and 2 and 36 months as to Counts 3 and 4, all separately to
run concurrent with each other. Judgment was entered on June
13, 2017. Blanks did not appeal and remains in custody.
III.
Discussion
Blanks
argues that his sentence of 240 months of supervised release
exceeds the statutory maximum sentence for his convictions
and that his defense counsel was constitutionally ineffective
for failing to object to his sentence on that ground.
A.
The Motion is Untimely
Blanks's
motion to vacate is subject to a one-year statute of
limitations, running 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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