Opinion
Case No. 14-20420
01-02-2020
UNITED STATES OF AMERICA, Plaintiff, v. AHMAD RASHID LEWIS, Defendant.
ORDER DENYING MOTION TO VACATE SENTENCE [ECF No. 55]
I. INTRODUCTION
This matter is before the Court on Ahmad Lewis' pro se Motion to Vacate Sentence pursuant to 28 U.S.C. § 2255.
Lewis' motion is DENIED.
II. BACKGROUND
Lewis' pled guilty to possession with intent to distribute a controlled substance, in violation of 21 U.S.C. §§ 841(a)(1).
The Court sentenced Lewis to a 60-month term of imprisonment to run consecutively with Case No. 16-cr-20003. Judgment was entered on October 26, 2017. Lewis did not appeal.
III. ANALYSIS
An unappealed federal criminal judgment becomes final ten days after it is entered, for purposes of 28 U.S.C. § 2255 statute of limitations. See Sanchez-Castellano, 358 F.3d 424, 426-27 (6th Cir. 2004). Lewis' conviction became final on November 6, 2017. The Antiterrorism Effective Death Penalty Act ("AEDPA") imposes a one-year period of limitations to file a habeas petition under 28 U.S.C. § 2255, which runs from the date on which the judgment for a criminal conviction becomes final. Accordingly, the statute of limitations set forth in 28 U.S.C. § 2255(f)(1) expired on November 6, 2018, one year after the date on which Lewis' judgment of conviction became final.
Lewis did not file this motion until June 28, 2019, which is more than a year beyond the expiration of the statute of limitations. Thus, Lewis' motion is time-barred. See Gillis v. United States, 729 F.3d 641, 643-44 (6th Cir. 2013).
IV. CONCLUSION
Lewis' motion was untimely, and the Court declines to reach its merits. His motion to vacate is DENIED.
IT IS ORDERED.
s/ Victoria A. Roberts
Victoria A. Roberts
United States District Judge Dated: January 2, 2020