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Keywords

statutemotionleasestatute of limitations

motion

Related Cases

Nye v. United States, Not Reported in Fed. Supp., 2020 WL 759132

Facts

James Donald Nye was sentenced to a 21-month prison term after violating his supervised release for the third time. He filed a motion under 28 U.S.C. § 2255, asserting that his counsel misinformed him about the application of state-court jail credits to his federal sentence and failed to inquire about these credits. Nye claimed he had 385 days of state-court jail credits that should have been applied to his federal sentence, but the court found that his motion was untimely and lacked merit.

Petitioner committed bank fraud on January 23, 2002. … Petitioner asserts that his counsel informed him that the credits would be applied when he was taken into BOP custody, but the credits were never applied.

Issue

Whether James Donald Nye's motion under 28 U.S.C. § 2255 should be granted based on claims of ineffective assistance of counsel and the application of state-court jail credits to his federal sentence.

Rule

Under 28 U.S.C. § 2255, a federal prisoner may move to vacate, set aside, or correct his sentence if it was imposed in violation of the Constitution or laws of the United States. The motion is subject to a one-year statute of limitations, which begins when the judgment of conviction becomes final.

Section 2255 authorizes a federal prisoner to move in the court of conviction to vacate, set aside, or correct his sentence on the ground that the sentence was imposed in violation of the Constitution or laws of the United States.

Analysis

The court determined that Nye's motion was untimely, as he had until May 20, 2016, to file it, but he did not do so until February 6, 2017. Additionally, the court found that Nye's claims of ineffective assistance of counsel were without merit, as he could not demonstrate that his counsel's performance fell below an objective standard of reasonableness or that the outcome would have been different had his counsel acted differently.

The court determined that Nye's motion was untimely, as he had until May 20, 2016, to file it, but he did not do so until February 6, 2017. …

Conclusion

The court denied James Donald Nye's motion under 28 U.S.C. § 2255, concluding that it was untimely and that he failed to establish a valid claim for ineffective assistance of counsel.

Who won?

The United States prevailed in the case because the court found that Nye's motion was both untimely and meritless.

The United States argues that Petitioner's Motion is due to be denied because (1) it is untimely, and (2) it is meritless.

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