United States District Court, D. New Jersey
Clark, No. 64516-050 FCI - Gilmer Petitioner Pro se
Vondra Carrig, Esq. Office of the U.S. Attorney Counsel for
L. HILLMAN, U.S.D.J.
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.
did not file a reply. For the reasons that follow, the §
2255 Motion will be dismissed with prejudice, because the
petition is time barred.
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.
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.
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.
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.
STANDARD OF REVIEW
28, § 2255 of the United States Code provides, in
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
28 U.S.C. § 2255(a). See generally United States v.
Thomas, 713 F.3d 165 (3d Cir. 2013) (detailing the