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United States v. Barton

United States District Court, W.D. Louisiana, Shreveport Division

January 17, 2017

UNITED STATES OF AMERICA
v.
WILLIAM L. BARTON Civil Action Nos. 13-03090

          HORNSBY MAGISTRATE JUDGE

          MEMORANDUM RULING

          S. MAURICE HICKS, JR. UNITED STATES DISTRICT JUDGE

         Before the Court are Petitioner William L. Barton's (“Barton”) Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. § 2255 (Record Document 688) and Successive § 2255 Motion (Record Document 752). In the first Motion, Barton seeks an order (1) granting equitable tolling of the one-year time limit for filing § 2255 motions such that the first Motion will be timely and (2) setting aside his conviction. See Record Document 688. The second Motion argues for a reduction in Barton's sentence on the basis that the Court failed to take certain mitigating factors into account in imposing his sentence. See Record Document 752. For the reasons contained in the instant Memorandum Ruling, Barton's § 2255 Motions are DENIED.

         FACTUAL AND PROCEDURAL BACKGROUND

         On September 13, 2011, Barton pleaded guilty to count one of an indictment charging him with engaging in a child exploitation enterprise in violation of 18 U.S.C. § 2252A(g). See Record Documents 311 and 312. On January 5, 2012, the Court sentenced Barton to 327 months in prison. See Record Document 413. On January 13, 2012, the Court entered the judgment into the record. See Record Document 414. On August 23, 2013, Barton filed a motion for extension of time to file a § 2255 Motion. See Record Document 676. The Court denied this Motion. See Record Document 678. The first § 2255 Motion is dated November 12, 2013, and is post-marked as sent from his correctional institution on November 14, 2013. See Record Documents 688 and 688-5. The Court received the Motion on November 18, 2013. See Record Document 688. The Government filed a response to the Motion on January 17, 2014, opposing the application of equitable tolling to the Motion such that the Motion will be timely and arguing for denial of the Motion as untimely. See Record Document 698. Barton filed a reply on May 1, 2014. See Record Document 712. The Court received Barton's second § 2255 Motion on January 3, 2017. See Record Document 752.

         ANALYSIS

         A. Barton's First § 2255 Motion (Record Document 688)

         Before the Court can address Barton's arguments for setting aside his conviction, the Court must first determine whether Barton's Motion is timely. Title 28, United States Code, § 2255(f) provides:

A 1-year period of limitation shall apply to a motion under this section. 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 the ...

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