United States District Court, W.D. Louisiana, Shreveport Division
HORNSBY MAGISTRATE JUDGE
MAURICE HICKS, JR. UNITED STATES DISTRICT JUDGE
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.
AND PROCEDURAL BACKGROUND
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.
Barton's First § 2255 Motion (Record Document
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
(1) the date on which the judgment of conviction becomes
(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
(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