United States District Court, E.D. Tennessee
A. VARLAN CHIEF UNITED STATES DISTRICT JUDGE.
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.
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].
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.
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.
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
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.
TIMELINESS OF PETITION
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
(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