United States District Court, D. New Jersey
Macon, No. 65282-050 USP - Allenwood Petitioner, pro se
L. HILLMAN UNITED STATES DISTRICT JUDGE
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”). 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.
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.).
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).
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
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
(1) the date on which the judgment of conviction becomes
(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
(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