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Lewis v. United States

United States District Court, M.D. Florida, Orlando Division

February 27, 2018

DEWARREN ANTOINE LEWIS, Petitioner,
v.
UNITED STATES OF AMERICA, Respondent.

          ORDER

          JOHN ANTOON II UNITED STATES DISTRICT JUDGE.

         This 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).

         Petitioner asserts four grounds for relief.[1] For the following reasons, the Motion to Vacate is denied.

         I. Procedural History

         A grand 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. 15.)[2] 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. 85.)

         Petitioner filed the Motion to Vacate under the mailbox rule on November 15, 2016.[3] (Doc. 1.)

         II. Analysis

         Pursuant to 28 U.S.C. § 2255, the time for filing a motion to vacate, set aside, or correct a sentence is restricted as follows:

         A 1-year period of limitation shall apply to a motion under this section. The limitation period shall run 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 ...


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