Blanks v. United States

          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 ...