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United States v. Rucker

United States District Court, D. Colorado

June 30, 2015

UNITED STATES OF AMERICA,
v.
WILLIAM JAMES RUCKER, Defendant/Movant. Criminal Case No. 09-cr-00262-PAB

ORDER TO SHOW CAUSE

PHILIP A. BRIMMER, District Judge.

Movant, William James Rucker, has filed, pro se, a Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C. § 2255 [Docket No. 126], challenging the validity of his conviction and sentence in this criminal action. The Court must construe Mr. Rucker's filing liberally because he is not represented by counsel. See Haines v. Kerner, 404 U.S. 519, 520-21 (1972); Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991). However, the Court will not act as a pro se litigant's advocate. See Hall, 935 F.2d at 1110.

I. PROCEDURAL HISTORY

Following a jury trial in January 2010, Mr. Rucker was convicted of one count of Felon in Possession of a Firearm (Armed Career Criminal), in violation of 18 U.S.C. § 922(g)(1). Docket No. 79. The Court sentenced Movant to a 210-month term of imprisonment. Id. The Court of Appeals for the Tenth Circuit affirmed the conviction and sentence in United States v. William James Rucker, No. 10-1152 (10th Cir. March 25, 2011) (unpublished). Docket No. 122. Mr. Rucker did not file a petition for certiorari review in the United States Supreme Court.

On August 12, 2012, Mr. Rucker filed a "Motion for Leave to File Retroactive Enhancement Relief Pursuant to 28 U.S.C. § 2255(f)(3); and Holland v. Florida, 130 S.Ct. 2549 (2010)." Docket No. 124. Movant did not make any substantive allegations in the motion or request any relief. Id. The Court denied the motion because it was not clear what Mr. Rucker was requesting. Docket No. 125.

On June 29, 2015, Mr. Rucker filed a "Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence By a Person in Federal Custody, " Docket No. 126, in which he asserts three claims for relief. The § 2255 Motion is not filed on the court-approved form. However, the Court is not inclined to order Mr. Rucker to cure the deficiency at this time because it appears that the § 2255 motion is untimely.

II. ANALYSIS

Pursuant to 28 U.S.C. § 2255, a one-year limitation period applies to motions to vacate, set aside, or correct a federal sentence.

The limitation period shall run 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 ...

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