United States District Court, M.D. Florida, Orlando Division
Dalton, Jr. United States District Judge
case involves a motion to vacate, set aside, or correct
sentence pursuant to 28 U.S.C. § 2255 (Doc. 1) filed by
counsel on behalf of Frederick Mervin Bardell. The Government
filed a response to the motion (Doc. 17). Petitioner filed a
reply to the Government's response (Doc. 18).
asserts one claim for relief, that counsel rendered
ineffective assistance by failing to file an appeal after
being instructed to do so. For the following reasons, the
motion is denied as untimely.
was charged by indictment with distribution of child
pornography (Count One) in violation of 18 U.S.C.
§§ 2252A(a)(2)(A) and (b)(1) and possession of
child pornography (Count Two) in violation of 18 U.S.C.
§§ 2252A(a)(5)(B) and (b)(2). (Criminal Case No.
6:11-cr-401-Orl-37DAB, Doc. 1). Pursuant to a plea agreement,
Petitioner pled guilty to Count One and the Government
dismissed Count Two. (Criminal Case Doc. 32). The Court
sentenced Petitioner to a 141-month term of imprisonment.
(Criminal Case Doc. 59). Judgment was entered on June 26,
did not appeal his conviction or sentence. Petitioner
initiated the instant action on May 9, 2016. (Doc. 1).
to 28 U.S.C. § 2255, the time for filing a motion to
vacate, set aside, or correct a sentence is restricted as
1-year period of limitation shall apply to a motion under
this section. The limitation period shall run from the latest
(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