United States District Court, M.D. Florida, Orlando Division
ANTOON II UNITED STATES DISTRICT JUDGE.
case is before the Court on Petitioner Dewarren Antoine
Lewis' Motion to Vacate, Set Aside, or Correct Sentence
("Motion to Vacate, " Doc. 1) pursuant to 28 U.S.C.
§ 2255. Respondent filed a Response to the Motion to
Vacate ("Response, " Doc. 4) in compliance with
this Court's instruction. Petitioner filed a Reply to the
Response ("Reply, " Doc. 9).
asserts four grounds for relief. For the following reasons,
the Motion to Vacate is denied.
jury charged Petitioner by Indictment with two counts of bank
robbery combined with assault or putting someone's life
in jeopardy by using a dangerous weapon (Counts One and
Three) in violation of 18 U.S.C. §§2113(a) and (d)
and two counts of carrying a firearm which was brandished
during a bank robbery (Counts Two and Four) in violation of
18 U.S.C. §§ 924(c)(1)(A) and (c)(1)(A)(ii).
(Criminal Case No. 6:13-cr-221-Orl-28KRS, Doc.
A jury found Petitioner guilty as charged. (Criminal Case,
Doc. 45.) The Court sentenced Petitioner to concurrent
sixty-month terms of imprisonment for Counts One and Three,
to a consecutive sixty-month term of imprisonment for Count
Two, and to a consecutive 300-month term of imprisonment for
Count Four, for a total term of 420 months. (Criminal Case,
Doc. 68.) Petitioner appealed, and the Eleventh Circuit Court
of Appeals affirmed on April 23, 2015. (Criminal Case, Doc.
filed the Motion to Vacate under the mailbox rule on November
15, 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
date on which the judgment of conviction becomes final;
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;
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
date on which the facts supporting the claim or claims
presented could have been discovered ...