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United States v. Gibson

United States District Court, D. Hawaii

October 16, 2019

UNITED STATES OF AMERICA, Plaintiff-Respondent,
v.
JUNE GIBSON (06), Defendant-Petitioner.

          ORDER: (1) DISMISSING MOTION UNDER 28 U.S.C. § 2255 TO VACATE, SET ASIDE, OR CORRECT SENTENCE BY A PERSON IN FEDERAL CUSTODY; AND (2) DENYING A CERTIFICATE OF APPEALABILITY

          J. Michael Seabright Chief United States District Judge.

         I. INTRODUCTION

         Currently before the court is Petitioner June Gibson's (“Gibson”) Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (the “Petition”). For the reasons discussed below, the court DISMISSES the Petition as untimely and DENIES a Certificate of Appealability.

         II. BACKGROUND

         On March 8, 2018, Petitioner June Gibson (“Gibson”) pled guilty to two counts of drug trafficking in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(B) and (b)(1)(C) and 18 U.S.C. § 2. ECF No. 348.[1] On June 28, 2018, the court sentenced Gibson to two concurrent 120-month terms of incarceration and two concurrent eight-year terms of supervised release. ECF No. 447. Judgment was entered on June 29, 2018. ECF No. 453. An Amended Judgment, correcting a clerical error pursuant to Federal Rule of Criminal Procedure 36, [2] was entered on September 10, 2018. ECF No. 474. Gibson did not appeal her conviction or sentence. On August 2, 2019, Gibson mailed the instant Petition for filing. ECF No. 485.[3]

         Because the Petition appeared time-barred, on August 8, 2019, the court issued an Order to Show Cause (“OSC”) directing Gibson to “SHOW CAUSE, by September 6, 2019, why the Petition should not be dismissed as barred by § 2255(f)'s one-year statute of limitations.”[4] OSC, ECF No. 486 at PageID #2424. Gibson mailed her Response on August 27, 2019. For the reasons set forth below, the court determines that the Petition is time-barred.

         III. ANALYSIS

         A one-year statute of limitations applies to § 2255 motions, which runs 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 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.

28 U.S.C. § 2255(f).

         A. ...


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