United States District Court, M.D. Florida, Tampa Division
D. WHITTEMORE UNITED STATES DISTRICT JUDGE
THE COURT are Petitioner Ryder's Motion Under 28
U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence
(cv Dkt. 1), his memorandum in support (Id. at
14-19), the United States' response (cv Dkt. 4), and
Ryder's reply (cv Dkt. 7). Upon consideration,
Ryder's § 2255 motion is DENIED as
1995, Ryder pleaded guilty to bank robbery, possession of a
firearm in furtherance of a crime of violence, and
carjacking. (cr Dkt. 41). He was sentenced to 354 months in
prison and 60 months of supervised release. (cr Dkt. 53).
Ryder did not file a direct appeal.
April 25, 2017, Ryder signed his § 2255 motion. (cv Dkt.
1). He raises one ground for relief. (Id. at 4):
The federal statute requiring a consecutive mandatory minimum
sentence when a drug trafficking or crime of violence
involves a firearm, in violation of 18 U.S.C. § 924(c),
does not preclude the judge from imposing a sentence as short
as one day for the underlying predicate crime.
Government contends that Ryder's § 2255 motion is
time barred. (cv Dkt. 4 at 3).
Antiterrorism and Effective Death Penalty Act
(“AEDPA”) establishes a one-year limitation
period for § 2255 motions. See Goodman v. United
States, 151 F.3d 1335, 1336 (11th Cir. 1998).
Specifically, § 2255 provides that the one-year
limitation shall run from the latest of:
(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