Opinion
CRIMINAL ACTION 3:21-CR-00045-KDB-DCK
01-03-2024
UNITED STATES OF AMERICA, v. DANA DEAN FETHERSON, Defendant.
ORDER
KENNETH D. BELL JUDGE
THIS MATTER IS BEFORE THE COURT on Defendant Dana Dean Fetherson's pro se Motion to Preserve a 922(g)(1) Challenge Due to a Change of Law (Doc. No. 54). Because a “motion to preserve a challenge” is not a recognized motion, the Court will treat Fetherson's request as a motion to extend the time to file a 28 U.S.C. § 2255 action. For the reasons briefly discussed below, the Court will DENY Fetherson's Motion.
Under § 2255, a prisoner in federal custody “may move the court to vacate, set aside or correct the[ir] sentence.” § 2255(a). The one-year statute of limitations runs in this case from “the date on which the judgment of conviction becomes final.” § 2255(f)(1). “Finality attaches when . . . the time for filing a certiorari petition expires.” Clay v. United States, 537 U.S. 522, 527 (2003) (citations omitted); see also United States v. Salas, 807 Fed.Appx. 218, 222 (4th Cir. 2020) (quoting Clay). Here, the Fourth Circuit issued the mandate for Fetherson's appeal on March 15, 2023. See Doc. No. 47. Fetherson did not file a writ of certiorari and so his conviction became final sometime after March 15, 2023. Accordingly, Fetherson still has at least two months to file a motion under § 2255. Thus, he needs no extension of time to pursue the relief he seeks so the Court will deny his Motion at this time.
SO ORDERED.