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Macon v. United States

United States District Court, D. New Jersey

April 16, 2018

LAMAR MACON, Petitioner,
v.
UNITED STATES OF AMERICA, Respondent.

          Lamar Macon, No. 65282-050 USP - Allenwood Petitioner, pro se

          OPINION

          NOEL L. HILLMAN UNITED STATES DISTRICT JUDGE

         On or about March 22, 2018, Petitioner Lamar Macon, a prisoner presently confined at the United States Penitentiary at Allenwood in White Deer, Pennsylvania, submitted a Motion to Vacate, Set Aside, or Correct his sentence pursuant to 28 U.S.C. § 2255 (the “Petition”).[1] ECF No. 1. At this time, the Court will conduct a preliminary review of the Petition pursuant to Rule 4 of the Rules Governing Section 2255 Proceedings.

         BACKGROUND

         On May 20, 2015, Petitioner was convicted of various drug offenses and sentenced to a total of 240 months' imprisonment. ECF No. 1, Pet. at 2; No. 14-cr-50, ECF No. 676 (judgment). Petitioner proceeded with a direct appeal to the Court of Appeals for the Third Circuit, which affirmed his conviction and sentence. See No. 14-cr-50, ECF No. 901 (mandate). Petitioner file a petition for writ of certiorari with the Supreme Court of the United States, which was denied on February 21, 2017. See No. 15-2275, Notice dated Feb. 21, 2017 (3d Cir.).

         Over a year later, Petitioner filed the instant § 2255 Motion by mailing it via certified mail to the Clerk of the Court. The Motion was docketed on March 22, 2018, the same day it was received by the Clerk according to a stamp on the envelope. The certified mail tracking data, which the Court has retrieved from a public source, establishes the Motion was first placed in the custody of the United States Postal Service to be mailed to the Clerk on March 20, 2018. Petitioner did not date his Motion or the supporting brief, so it is unclear from the Motion itself when the Petitioner placed it in the prison's mail system. See ECF No. 1, Pet. at 14; ECF No. 1-1, Br. at 14. However, the envelope also bears a second date stamp of March 19, 2018 which appears to be the date it was received in the prison mail system. See ECF No. 1-2 (envelope).

         In the Petition, Petitioner argues that his trial and appellate counsel were ineffective and that he is actually innocent of certain offenses because he withdrew from the drug conspiracy and thus should not be criminally liable for a murder that occurred after he withdrew. See ECF No. 1, Pet. At 5-8.

         TIMELINESS

         Under the Antiterrorism and Effective Death Penalty Act (“AEDPA”), petitions filed pursuant to 28 U.S.C. § 2255 are subject to a one-year statute of limitations. See 28 U.S.C. §§ 2244(d), 2255(f)(1). Specifically, the one-year limitation period 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 ...

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