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    United States v. Cleveland, 4th Cir. (2001)

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    Troy Cleveland appealed the district court's dismissal of his first motion for relief under 28 U.S.C.A. § 2255, which provides relief for federal prisoners. The district court dismissed the motion as time barred under the one-year statute of limitations imposed by the Antiterrorism and Effective Death Penalty Act. The Fourth Circuit affirmed the dismissal, finding that Cleveland failed to demonstrate that he could not have reasonably filed his motion within the one-year period, as he acknowledged being aware of the factual basis for his claim before the limitations period expired. The Fourth Circuit therefore denied a certificate of appealability and dismissed the appeal.

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    United States v. Cleveland, 4th Cir. (2001)

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    Troy Cleveland appealed the district court's dismissal of his first motion for relief under 28 U.S.C.A. § 2255, which provides relief for federal prisoners. The district court dismissed the motion as time barred under the one-year statute of limitations imposed by the Antiterrorism and Effective Death Penalty Act. The Fourth Circuit affirmed the dismissal, finding that Cleveland failed to demonstrate that he could not have reasonably filed his motion within the one-year period, as he acknowledged being aware of the factual basis for his claim before the limitations period expired. The Fourth Circuit therefore denied a certificate of appealability and dismissed the appeal.

    Original Description:

    Filed: 2001-06-12 Precedential Status: Non-Precedential Docket: 00-7612

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    Troy Cleveland appealed the district court's dismissal of his first motion for relief under 28 U.S.C.A. § 2255, which provides relief for federal prisoners. The district court dismissed the motion as time barred under the one-year statute of limitations imposed by the Antiterrorism and Effective Death Penalty Act. The Fourth Circuit affirmed the dismissal, finding that Cleveland failed to demonstrate that he could not have reasonably filed his motion within the one-year period, as he acknowledged being aware of the factual basis for his claim before the limitations period expired. The Fourth Circuit therefore denied a certificate of appealability and dismissed the appeal.

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    11 views2 pages

    United States v. Cleveland, 4th Cir. (2001)

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    Troy Cleveland appealed the district court's dismissal of his first motion for relief under 28 U.S.C.A. § 2255, which provides relief for federal prisoners. The district court dismissed the motion as time barred under the one-year statute of limitations imposed by the Antiterrorism and Effective Death Penalty Act. The Fourth Circuit affirmed the dismissal, finding that Cleveland failed to demonstrate that he could not have reasonably filed his motion within the one-year period, as he acknowledged being aware of the factual basis for his claim before the limitations period expired. The Fourth Circuit therefore denied a certificate of appealability and dismissed the appeal.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 00-7612

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    TROY V. CLEVELAND,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Albert V. Bryan, Jr., Senior
    District Judge. (CR-93-402, CA-99-1030-AM)

    Submitted:

    May 31, 2001

    Decided:

    June 12, 2001

    Before WILKINS, TRAXLER, and KING, Circuit Judges.

    Dismissed by unpublished per curiam opinion.


    Troy V. Cleveland, Appellant Pro Se. James L. Trump, OFFICE OF THE
    UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Troy Cleveland appeals the district courts dismissal of his
    first motion for relief under 28 U.S.C.A. 2255 (West 1994 & Supp.
    2000) as time barred under the limitations period imposed under the
    Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA).
    See 2255 6.

    However, Cleveland fails to demonstrate that he

    could not reasonably have moved for relief under 2255 within that
    one-year period, and acknowledges that he was aware of the factual
    predicate for his claim well before his one year window for filing
    a 2255 motion closed.

    Accordingly, we deny a certificate of

    appealability, and dismiss the appeal because the district court


    properly dismissed Clevelands 2255 motion as time barred under
    the AEDPA.

    See Weaver v. United States, 195 F.3d 123, 124 (2d Cir.

    1999); cf. United States v. Pregent, 190 F.3d 279, 284 (4th Cir.
    1999) (ruling that to the extent the Appellants motion was more
    properly characterized as a collateral attack under 28 U.S.C.A.
    2255, th[at] motion was filed after the statute of limitations
    expired, and therefore properly denied).

    We dispense with oral

    argument because the facts and legal contentions are adequately


    presented in the materials before the court and argument would not
    aid the decisional process.

    DISMISSED

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