Opinion
Case No: 6:14-cv-799-Orl-31KRS
09-23-2015
QUINTON BROOKS, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
(6:10-cr-101-Orl-31KRS) ORDER
This cause is before the Court on the Motion to Vacate, Set Aside, or Correct Sentence (Doc. 1) (the "Motion to Vacate") filed by Petitioner pursuant to 28 U.S.C. § 2255. The Government filed a Response in Opposition to the Motion to Vacate (Doc. 6) (the "Response") 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. 7) to the Response. For the reasons set forth herein, the Motion to Vacate is denied as untimely.
I. PROCEDURAL BACKGROUND
A Grand Jury charged Petitioner in an Indictment with possession of a firearm by a convicted felon (Criminal Case No. 6:10-cr-101-Orl-31KRS, Doc. 1). Petitioner subsequently pled guilty to the crime in the absence of a plea agreement. Petitioner entered his plea before Magistrate Judge Gregory J. Kelly, who filed a Report and Recommendation Concerning Plea of Guilty (Criminal Case 24). Magistrate Judge Kelly recommended that the guilty plea be accepted and that Petitioner be adjudged guilty and have sentence imposed accordingly. The Court entered an Acceptance of Plea of Guilty and Adjudication of Guilt (Criminal Case Doc. 27), accepting the guilty plea and adjudicating Petitioner guilty of the crime. On December 6, 2010, the Court sentenced Petitioner to imprisonment for a term of 180 months. (Criminal Case Doc. 34). Petitioner did not file a direct appeal.
Criminal Case No. 6:10-cr-101-Orl-31KRS will be referred to as "Criminal Case." --------
II. LEGAL STANDARD
A 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 final;28 U.S.C. § 2255. 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.
(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 governmental action;
(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.