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Brown v. United States

United States District Court, N.D. West Virginia

July 31, 2019

KHALIL BROWN, Petitioner,
v.
UNITED STATES OF AMERICA, Respondent.

          MEMORANDUM OPINION AND ORDER DENYING AS UNTIMELY PETITIONER'S § 2255 MOTION [DKT. NO. 1] AND DISMISSING THE CASE WITH PREJUDICE

          IRENE M. KEELEY UNITED STATES DISTRICT JUDGE

         Pending before the Court is the pro se Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence (Dkt. No. 1)[1] filed by the petitioner, Khalil Brown (“Brown”). For the reasons that follow, the Court concludes that Brown's motion is untimely under 28 U.S.C. § 2255(f). Accordingly, the Court DENIES the motion (Dkt. No. 1), and DISMISSES this case WITH PREJUDICE.

         I. FACTUAL AND PROCEDURAL BACKGROUND

         On April 24, 2017, Brown filed a motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255 (Dkt. No. 1). Following a preliminary review of Brown's § 2255 motion under Rule 4 of the Rules Governing Section 2255 Proceedings, the Court concluded that Brown's motion may be untimely. The Court, therefore, issued a notice pursuant to Hill v. Braxton, 277 F.3d 701, 707 (4th Cir. 2002) (“Notice”), notifying Brown that his case may be untimely and warning him that his motion would be dismissed unless he could demonstrate, within thirty (30) days, that the applicable statute of limitations does not bar his claims (Dkt. No. 13). Despite his receipt of the Notice on June 11, 2019 (Dkt. No. 14), Brown filed no response.

         II. ONE-YEAR LIMITATION PERIOD

         The Anti-Terrorism and Effective Death Penalty Act of 1996 (“AEDPA”) established a one-year statute of limitations for filing a habeas petition under § 2255. Under the AEDPA, the limitation period runs 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 the 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 was initially 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)(1)-(4). In the Fourth Circuit, when a § 2255 motion appears untimely and the Government has not filed a motion to dismiss based on the one-year statute of limitations, courts must warn petitioners that the case is subject to dismissal absent a sufficient explanation. See United States v. Sosa, 364 F.3d 507 (4th Cir. 2004); Hill v. Braxton, 277 F.3d 701, 707 (4th Cir. 2002).

         III. ANALYSIS

         On October 14, 2015, Brown pleaded guilty in this Court to one count of distribution of heroin within 1, 000 feet of a protected location, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C), and 860 (No. 1:14CR89, Dkt. No. 600). The Court entered a judgment on February 24, 2016 (No. 1:14CR89, Dkt. No. 698), which Brown did not appeal.

         The Federal Rules of Appellate Procedure require that "a defendant's notice of appeal must be filed in the district court within 14 days after . . . the entry of either the judgment or the order being appealed.” Fed. R. App. P. 4(b)(1)(A). A criminal conviction becomes final at the end of the appellate process: when the time for a direct appeal expires and the defendant has not noticed an appeal. United States v. Oliver, 878 F.3d 120, 125 (4th Cir. 2017). Therefore, Brown's ...


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