United States District Court, M.D. Florida, Orlando Division
ANTOON II UNITED STATES DISTRICT JUDGE.
Jones ("Petitioner") filed a Motion to Vacate, Set
Aside, or Correct Sentence ("Motion to Vacate, "
Doc. 1) pursuant to 28 U.S.C. § 2255, along with a
Memorandum of Law (Doc. 2) in support of the Motion to
Vacate. The Government filed a Response in Opposition to the
Motion to Vacate ("Response, " Doc. 8) in
compliance with this Court's instructions and with the
Rules Governing Section 2255 Proceedings for the United
States District Courts. Petitioner filed a Reply (Doc.
10) and an Amended Reply (Doc. 13) to the Response. For the
reasons set forth herein, the Motion to Vacate will be denied
Jury charged Petitioner and another individual in an
eight-count Indictment with the commission of various crimes.
(Criminal Case No. 6:10-cr-137-Orl- 28GJK, Doc.
Petitioner was charged in all eight counts. Petitioner
subsequently entered into a Plea Agreement (Criminal Case
Doc. 75) in which he agreed to enter a guilty plea
to Counts One, Three, and Five of the Indictment. Petitioner
entered his plea before Magistrate Judge Gregory J. Kelly,
who filed a Report and Recommendation Concerning Plea of
Guilty (Criminal Case Doc. 79) recommending that the Plea
Agreement and the guilty plea be accepted and that Petitioner
be adjudged guilty and have sentence imposed accordingly.
Court entered an Acceptance of Plea of Guilty and
Adjudication of Guilt (Criminal Case Doc. 82) in which the
guilty plea was accepted and Petitioner was adjudicated
guilty of the offenses. The Court next entered a Judgment in
a Criminal Case (Criminal Case Doc. 97) in which Petitioner
was sentenced to imprisonment for a total term of 302 months.
On April 9, 2013, the Eleventh Circuit Court of Appeals
affirmed the convictions and sentence. (Criminal Case Doc.
144). The mandate issued on May 16, 2013. (Id.).
20, 2016, Petitioner filed a Motion to Vacate, Set Aside, or
Correct Sentence under the mailbox rule (Doc. 159), which
the Court dismissed without prejudice on August 9, 2016.
(Case Number 6:16-cv-1157-Orl-28GJK). The present Motion to Vacate
was filed on May 1, 2018, under the mailbox rule.
motion under section 2255 must be filed within one-year from
the latest of the following:
(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
exercise of due diligence.
28 U.S.C. § 2255(f). The Motion to Vacate is subject to
dismissal because it was not timely filed under the one-year
period of limitation set forth in section 2255.