United States District Court, D. Delaware
Gary Washam, Pro se Movant.
Robert Kravetz, Assistant United States Attorney, United States Department of Justice, Wilmington, Delaware. Attorney for Respondent.
LEONARD P. STARK, District Judge.
Gary Washam ("Movant") filed a Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255. (D.I. 26) The United States Government ("Respondent") filed an Answer in Opposition. (D.I. 35) For the reasons discussed, the Court will deny Movant's § 2255 Motion as time-barred by the one-year limitations period prescribed in 28 U.S.C. § 2255(f), without holding an evidentiary hearing.
II. PROCEDURAL AND FACTUAL BACKGROUND
On October 1, 2008, Movant waived indictment and pled guilty to a two count Amended Felony Information, charging him with conspiracy to interfere with commerce by violence (18 U.S.C. § 1951) and knowingly brandishing a firearm during commission of a crime of violence (18 U.S.C. § 924(c) and 2). (D.I. 15, 16, 18) On February 4, 2009, the Honorable Joseph J. Farnan, Jr., sentenced Movant to 180 months of imprisonment; the judgment was entered on February 10, 2009. (D.I. 24) Movant did not appeal.
Movant filed the instant§ 2255 Motion in January 2011, at which time the case was reassigned to the undersigned's docket. Respondent filed an Answer in Opposition to Movant's § 2255 Motion, arguing that the Motion should be denied as time-barred. (D.I. 35)
Movant asserts three grounds for relief: (1) Respondent acted in bad faith by declining to file a downward departure motion pursuant to U.S.S.G. § 5Kl.l recognizing his substantial assistance; (2) defense counsel provided ineffective assistance in not challenging Respondent's failure to file a § 5K motion; and (3) Movant was housed in sub-standard conditions during the twenty-two month period he was in custody in a state prison before the Bureau of Prisons moved him to a federal prison.
The Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA") imposes a one-year period of limitation on the filing of a§ 2255 motion by federal prisoners. See 28 U.S.C. § 2255. The one-year limitations period begins to run from the latest of:
(1) the date on which the judgment of conviction becomes final;
(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 ...