United States District Court, N.D. West Virginia, Wheeling
ORDER DISMISSING CASE
PRESTON BAILEY, DISTRICT JUDGE.
before this Court is the Petition for Habeas Corpus Pursuant
to 28 U.S.C. § 2241 [Doc. 1]. This case is before the
Court upon preliminary review.
Petition, the petitioner contends that his Federal sentence
was impermissibly made to run consecutively to his state
sentence. The facts underlying the argument are as follows:
June, 1991, the petitioner pled guilty in the Circuit Court
of Barbour County, West Virginia, to one count of armed
Order entered November 27, 1992, the Circuit Court sentenced
the petitioner to 100 years in the West Virginia State
Penitentiary to be “served concurrently with any and
all sentences herefore imposed upon the defendant in regard
to charges arising from acts occurring in Doddridge County,
West Virginia in June or July of 1990 in regard to two bank
robberies in Doddridge County, West Virginia;
February 21, 1992, the petitioner entered a plea of guilty in
the United States District Court for the Northern District of
West Virginia sitting in Elkins to two counts charging a
violation of 18 U.S.C. § 924(c)(1);
July 24, 1992, the defendant was sentenced on his Federal
charges to 5 years on Count One and Twenty Years on Count Two
to run consecutively. In turn, the entire sentence was
ordered to run consecutively to the 100 year sentence imposed
by the State of West Virginia;
November 12, 1998, the petitioner filed an action under 28
U.S.C. § 2254, which was dismissed on February 24, 2004;
defendant was paroled by the State of West Virginia and came
into Federal custody on September 13, 2017.
petitioner contends that (1) his Federal sentence should be
made concurrent with his state sentence, in which case he
would have completed service of both sentences, and (2) the
stacked charges under § 924(c) should be removed
“per the First Step Act.”
1996, the Anti-Terrorism and Effective Death Penalty Act of
1996 (“AEDPA”) was enacted, establishing a one
year limitation period within which to file any federal
habeas corpus petition. The AEDPA applies to those cases
filed after April 24, 1996, the effective date of the AEDPA.
Lindh v. Murphy, 521 U.S. 320 (1997); Breard v.
Pruett, 134 F.3d 615 (4th Cir.), cert. denied
523 U.S. 371 (1998).
year period of limitation runs from the latest of four dates:
(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 ...