Opinion
Civil Case No. 2:04-CV-1080 TC, Criminal Case No. 2:01-CR-264 TC.
December 2, 2004
ORDER
Mr. Johnny Lee Woods, Jr. has filed a petition under 28 U.S.C. § 2255. He was indicted for possession of a firearm by a convicted felon and ultimately plead guilty. On October 9, 2001, the court sentenced him to 30 months imprisonment and 60 months supervised release following his release. On November 23, 2004, Mr. Woods filed his petition.
Mr. Woods' § 2255 motion must be denied because it is time-barred. Under 28 U.S.C. § 2255(1), Mr. Woods had one year from "the date on which the judgment of conviction bec[ame] final" to file his petition. Here, Mr. Woods' judgment and conviction was entered on October 10, 2001. (See United States v. Woods, Case No. 2:01-CR-264, Judgment of Conviction (Dkt. # 25).) Under Federal Rule of Appellate Procedure 4(b), Mr. Woods had ten days from October 10, 2001 (excluding weekends and holidays), or until October 24, 2001, to appeal his conviction. He did not, however, appeal. Accordingly, his Judgment of Conviction became final on October 24, 2001, when his time for filing a notice of appeal expired. As a result, the one-year time period for Mr. Woods' § 2255 petition began to run on October 24, 2001, and expired on October 24, 2002.
Mr. Woods did not file the current petition until November 23, 2004, more than two years after the expiration of the one-year time period. Accordingly, because Mr. Woods did not file his petition within one year of the date his judgment became final, and because he provided no reason for his failure to file his petition before October 24, 2002, his petition is barred, and must be denied.
ORDER
For the foregoing reasons, the § 2255 Motion is DENIED.