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Clark v. United States

United States District Court, D. New Jersey

March 19, 2018

JEREL CLARK, Petitioner,
v.
UNITED STATES OF AMERICA Respondent.

          Jerel Clark, No. 64516-050 FCI - Gilmer Petitioner Pro se

          Diana Vondra Carrig, Esq. Office of the U.S. Attorney Counsel for Respondent

          OPINION

          NOEL L. HILLMAN, U.S.D.J.

         Petitioner Jerel Clark (“Petitioner”), a prisoner presently incarcerated at the Federal Correctional Institution at Gilmer in Glenville, West Virginia, filed a Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. § 2255 (the “§ 2255 Motion”). ECF No. 1. Petitioner also filed a brief supplement to his § 2255 Motion. ECF No. 6. Respondent filed an Answer to the § 2255 Motion along with a Memorandum of Law, raising, inter alia, the timeliness of the § 2255 Motion. ECF No. 7.

         Petitioner did not file a reply. For the reasons that follow, the § 2255 Motion will be dismissed with prejudice, because the petition is time barred.

         I. BACKGROUND

         On October 2, 2012, Petitioner was charged by criminal complaint with conspiracy to distribute and possess with intent to distribute over 500 grams of cocaine in violation of 21 U.S.C. 846. No. 13-cr-508, ECF No. 1. Petitioner entered into a plea agreement on April 11, 2013, in which Petitioner agreed to plead guilty to a one count information, which charges Petitioner with unlawful possession of a firearm in violation of 18 USC 922(g)(1) and 2. No. 13-cr-508, ECF No. 16, Plea Agreement. The plea agreement contained an appellate and collateral review waiver. No. 13-cr-508, ECF No. 16, Sch. A, ¶ 9 (“this Office and Jarel Clark waive certain rights to file an appeal, collateral attack, writ or motion after sentencing, including but not limited to an appeal under 18 U.S.C. § 3742 or a motion under 28 U.S.C. § 2255”).

         Pursuant to the plea agreement, Petitioner was so charged by information and pled guilty to one count of unlawful possession of a firearm in violation of 18 U.S.C. § 922(g)(1). No. 13-cr-508, ECF Nos. 13 (information), 15 (minute entry for plea hearing). During his plea hearing, Petitioner executed an “Application for Permission to Enter Plea of Guilty, ” in which, inter alia, Petitioner confirmed that he understood that his plea agreement waives his right to appeal or collaterally attack his sentence. No. 13-cr-508, ECF No. 17 at 6.

         On December 17, 2013, the Court conducted a sentencing hearing as to Petitioner's guilty plea and sentenced him to 84 months' imprisonment. No. 13-cr-508, ECF Nos. 18 (minute entry), 19 (judgment of conviction). Petitioner did not appeal his judgment of conviction or sentence.

         Almost four years after Petitioner was sentenced, Petitioner file the instant § 2255 Motion on March 13, 2017. ECF No. 1. In the § 2255 Motion, Petitioner relies on Mathis v. United States, 136 S.Ct. 2243 (2016), for both his grounds for relief as well as the timeliness of his § 2255 Motion. See ECF No. 1. In the § 2255 Motion, Petitioner does not challenge the knowing and voluntariness of his guilty plea and plea agreement.

         II. STANDARD OF REVIEW

         Title 28, § 2255 of the United States Code provides, in pertinent part:

A prisoner in custody under sentence of a court established by Act of Congress claiming the right to be released upon the ground that the sentence was imposed in violation of the Constitution or laws of the United States, or that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack, may move the court which imposed the sentence to vacate, set aside or correct the sentence.

28 U.S.C. § 2255(a). See generally United States v. Thomas, 713 F.3d 165 (3d Cir. 2013) (detailing the ...


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