Opinion
Criminal No. 88-0083-AH
June 5, 2000
ORDER
This matter is before the Court on Defendant's "Motion to Correct Improper Sentence" which the Court construes as a motion to set aside, vacate or correct sentence filed pursuant to 28 U.S.C. § 2255. (Doc. 107).
Defendant was tried and sentenced before this Court. Defendant appealed and the Eleventh Circuit affirmed on August 19, 1993. Defendant filed his section 2255 motion in this Court on May 25, 2000.
Title 28 U.S.C. § 2255 provides, "A 1-year period of limitation shall apply to a motion under this section. The limitation period shall run from the latest of — (1) the date on which the judgment of conviction becomes final. . . ."
Consequently, the Court finds that Defendant's motion is time barred. Accordingly, Defendant's § 2255 motion is DENIED.
DONE this 5th of June, 2000.