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United States v. Beason

November 4, 2009

UNITED STATES OF AMERICA
v.
DEMOND POETRY BEASON, DEFENDANT.



The opinion of the court was delivered by: McLAUGHLIN, Sean J.

MEMORANDUM OPINION AND ORDER

Presently pending before the Court is a motion by Defendant, Demond Poetry Beason to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255.

I. BACKGROUND

On November 4, 2003, a federal grand jury in the Western District of Pennsylvania returned a three count Indictment charging Defendant with assault with intent to steal mail matter (Count I), assault of a United States Postal Service employee while she was performing her official duties (Count II), and possession of an item of mail which had been stolen from the United States mails (Count III), in violation of 18 U.S.C. §§ 2114(a), 111(a)(1) and (b), and 1708, respectively. See Indictment [Doc. No. 1]. Defendant was found guilty by a jury of Counts I and II on June 18, 2004. See Jury Verdict [Doc. No. 37]. On September 21, 2004, Defendant was sentenced to concurrent periods of imprisonment of 190 months on Counts I and II. See Judgment [Doc. No. 46].*fn1

Defendant filed a Notice of Appeal, and in light of the Supreme Court's decision in United States v. Booker, 543 U.S. 220 (2005), the parties consented to a remand for re-sentencing. See Mandate [Doc. No. 54]. A re-sentencing hearing was held on February 6, 2004, and Defendant was again sentenced to concurrent periods of imprisonment of 190 months on Counts I and II. See Judgment [Doc. No. 63].

Defendant timely appealed his sentence to the Third Circuit Court of Appeals, which affirmed the Court's sentence in a non-precedential opinion on August 17, 2007. See United States v. Beason, 238 Fed. Appx. 854 (3rd Cir. 2007). Defendant then filed a Petition for Certiorari, which was denied by the Supreme Court on April 21, 2008. See Beason v. United States, 128 S.Ct. 2049 (2008). His Petition for Rehearing was denied by the Supreme Court on June 9, 2008. See Beason v. United States, 128 S.Ct. 2927 (2008).

On June 4, 2009, Defendant filed the instant § 2255 motion. See Motion [Doc. No. 74]. The Government has filed a Brief in opposition [Doc. No. 76] and the matter is now ripe for our determination.

II. STANDARD OF REVIEW

Pursuant to 28 U.S.C. § 2255, a prisoner in federal custody may move the court which imposed sentence to vacate, set aside or correct the sentence if it was imposed in violation of federal constitutional or statutory law, was imposed without proper jurisdiction, is in excess of the maximum authorized by law, or is otherwise subject to collateral attack. 28 U.S.C. § 2255. The court may dispose with the necessity of a hearing if the motion and the files and records "conclusively show that the prisoner is entitled to no relief." 28 U.S.C. § 2255. See also United States v. Nahodil, 36 F.3d 323, 326 (3d Cir. 1994) (quoting United States v. Day, 969 F.2d 39, 41-42 (3d Cir. 1992)). Here, for the reasons that follow, I agree with the Government that the Defendant's motion should be dismissed for failure to comply with the statute of limitations imposed by the Anti-Terrorism and Effective Death Penalty Act (the "AEDPA").

III. DISCUSSION

A § 2255 motion must be filed within the statute of limitations period imposed by Congress in the AEDPA. The Act provides for a one-year period of limitations for a prisoner to file a motion under section 2255, and 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 ...


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