United States District Court, M.D. Florida, Orlando Division
GREGORY A. PRESNELL JUDGE
case involves a motion to vacate, set aside, or correct an
illegal sentence pursuant to 28 U.S.C. § 2255 filed by
Eric Jackson (Doc. 1). The Government filed a response to the
§ 2255 motion in compliance with this Court's
instructions and with the Rules Governing Section 2255
Proceedings for the United States District Courts (Doc.
4). Petitioner filed a reply (Doc. 5).
alleges one claim for relief. However, as discussed
hereinafter, the Court finds that the motion to vacate, set
aside, or correct sentence is untimely and must be denied.
was charged by indictment with two counts of aiding and
abetting in a bank robbery in violation of 18 U.S.C. §
2113(a) (counts three and five) and two counts of knowingly
using and carrying a firearm in furtherance of a crime of
violence in violation of 18 U.S.C. §§ 924(c)(1)(A)
and (c)(3) (counts four and six) (Criminal Case No. 6:09-cr-
223-Orl-31GJK, Doc. 27). Petitioner pled guilty to the counts as
charged in the indictment (Criminal Case Doc. 136).
Magistrate Judge Kelly entered a Report and Recommendation,
recommending that the guilty plea be accepted (Criminal Case
Doc. 149). The Court accepted the guilty plea and adjudicated
Petitioner guilty (Criminal Case Doc. 156). On May 11, 2010,
the Court sentenced Petitioner to concurrent twelve-month
terms of imprisonment for counts three and five, to a
consecutive twelve-month term of imprisonment for count four,
and to a consecutive three hundred-month term of imprisonment
for count six (Criminal Case Doc. Nos. 215 and 253). Judgment
was entered on May 12, 2010 (Criminal Case Doc. 226).
Petitioner did not appeal. Petitioner filed his motion to
vacate, set aside, or correct sentence on June 23,
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
application 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
exercise of due diligence.
28 U.S.C. § 2255(f).
present case, Petitioner's conviction and sentence became
final on May 26, 2010, or the date Petitioner's time for
seeking a direct appeal expired. See Murphy v. United
States, 634 F.3d 1303, 1307 (11th Cir. 2011); Fed. R.
App. P. 4(b)(1)(A)(i) (providing a criminal defendant's
notice of appeal must be filed in the district court within
fourteen days after the entry of judgment or order appealed).
Petitioner had one ...