United States District Court, W.D. Louisiana, Shreveport Division
HORNSBY, MAGISTRATE JUDGE
Elizabeth E. Foote, Judge
the Court is a motion to vacate, set aside, or correct
sentence pursuant to 28 U.S.C. § 2255 [Record Document
206], filed by Defendant Clyde Spates ("Spates").
For the following reasons, the Section 2255 motion [Record
Document 206] shall be DENIED.
and Procedural History
2009, Spates was indicted for a drug conspiracy (count one),
attempting to possess with intent to distribute cocaine
(count two), and possession of a firearm in relation to drug
trafficking (count three). Record Document 14. Spates pleaded
guilty to counts one and three on January 6, 2010. Record
Document 68. On April 9, 2010, he was sentenced to 60 months
on each count, with the sentences to run consecutively.
Record Document 92. Spates did not appeal his conviction or
2015, Spates sought a sentencing reduction under 18 U.S.C.
§ 3582 and Amendment 782 to the United States Sentencing
Guidelines, which was granted in April of 2016, thereby
reducing his sentence from 120 months to 113 months. Record
Document 192. On July 17, 2017, Spates filed the instant
Section 2255 motion. The motion failed to summarize or
enunciate any facts in support of the requested relief.
Instead, it referred to an "attached memorandum"
though nothing was attached to the motion. Recognizing there
were no factual or legal grounds listed to support
Spates's motion, on July 21, 2017, this Court issued a
minute entry in which it ordered Spates to file into the
record a supplement to his Section 2255 which identified all
of the factual and legal grounds that he believed supported
his motion. Record Document 209. He was ordered to comply by
September 15, 2017, and was cautioned that failure to comply
with this deadline could result in the dismissal of his
motion. Id. On September 18, 2017, Spates filed a
supplemental memorandum into the record, which nonetheless
failed to comply with the Court's prior order. [Record
Document 210]. Spates's supplement contained a total of
six numbered paragraphs in which he represented to the Court
that he sought to make a "selective enforcement
challenge, " and, in addition, he asserted that his
counsel was ineffective in advising him to plead guilty.
Id. Spates cited no facts to support either claim.
Id. Instead, he merely stated that he relied on an
expert report issued by Jeffrey Fagan, Ph.D., in another case
wholly unrelated to Spates's case. Id. Spates
failed to articulate how or why Dr. Fagan's report
entitled Spates to relief under Section 2255. Moreover,
Spates failed to explain to the Court how or why his counsel
rendered ineffective assistance.
Court issued another minute entry, ordering Spates to
enunciate specific facts from his own case and identify legal
jurisprudence, applicable to the facts of his case, that
suggested relief is warranted. Spates was ordered to comply
with the Court's order by October 20, 2017 or risk having
his motion dismissed. Spates has not filed anything with the
Court since the Court's last minute entry.
2255 motions are subject to a one-year statute of limitations
period. 28 U.S.C. § 2255. The one-year period begins
running from the latest of:
(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
exercise of due diligence.
Id. § 2255(0- Spates was sentenced on April 9,
2010. His judgment of conviction became final on April 26,
2010, after the time for filing a notice of direct appeal
expired. See Fed. R. App. P. 4(b)(1). Therefore, unless
another provision of Section 2255(f) applies, Spates's
one-year period to file his Section 2255 motion expired on
April 26, 2010. Spates has not argued that his current motion
is timely, nor has he provided the Court with any facts or
law to warrant the conclusion that his ...