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Schaffer v. United States

United States District Court, E.D. Tennessee

May 30, 2017

WEND ALL BLAINE SCHAFFER, Petitioner,
v.
UNITED STATES OF AMERICA, Respondent.

          MEMORANDUM OPINION

          THOMAS A. VARLAN CHIEF UNITED STATES DISTRICT JUDGE.

         Before the Court is Petitioner's pro se motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 ("§ 2255 Motion") [Doc. 74].[1] Petitioner also filed a supplement to the motion [Doc. 79]. The United States responded in opposition to the motion [Doc. 84], and Petitioner filed a reply [Doc. 89]. Also before the Court is Petitioner's motion to advise [Doc. 85] and motion for extension of time [Doc. 87].

         For the following reasons, Petitioner's § 2255 Motion [Doc. 74] will be DENIED and DISMISSED WITH PREJUDICE. Petitioner's motion to advise [Doc. 85] and motion for extension of time [Doc. 87] will be DENIED AS MOOT.

         I. BACKGROUND

         On September 7, 2005, a federal grand jury in the Eastern District of Tennessee charged Petitioner with being a felon in possession of a firearm and with possessing an unregistered short-barreled shotgun [Doc. 1]. Petitioner pleaded guilty to the felon in possession charge, and the United States moved for dismissal of the shotgun charge [Doc. 64].

         On May 24, 2007, the Court sentenced Petitioner to 204 months' imprisonment, a term within his Guidelines range [Doc. 70]. Petitioner did not file an appeal of his conviction or sentence.

         On August 21, 2014, more than seven years after entry of Judgment, Petitioner filed the present motion pursuant to 28 U.S.C. § 2255 [Doc. 74], which he supplemented [Doc. 79].

         II. TIMELINESS OF PETITION

         A one-year statute of limitations is applicable to collateral challenges under § 2255. The one year period runs 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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