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Phillips v. United States

United States District Court, Eighth Circuit

November 18, 2013

CHRISTIEN PHILLIPS, Movant,
v.
UNITED STATES OF AMERICA.

ORDER

LINDA R. READE, Chief District Judge.

This matter appears before the court on Christien Phillips' motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. § 2255 (civil docket no. 1). Christien Phillips ("the movant") filed such motion on November 15, 2013. Because judgment entered against the movant on December 21, 2005 and the movant never filed a direct appeal, any action attacking her conviction or sentence is barred by the one-year statute of limitation. The movant's conviction became final in 2006 and she only sought relief in 2013, which is well beyond the applicable time frame. See 28 U.S.C. § 2255(f)(1). Further, no other subsection under 28 U.S.C. § 2255(f) applies to the movant's situation. The movant is unable to rely on Alleyne v. United States, ___ U.S. ___, 133 S.Ct. 2151 (2013), because the Supreme Court has not made it retroactive to cases on collateral review. See Simpson v. United States, 721 F.3d 875, 876 (7th Cir. 2013); accord United States v. Redd, 2013 U.S. App. LEXIS 22423 (2d Cir. 2013). Based on the foregoing, the movant's motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. § 2255 is denied.[1] A certificate of appealability under 28 U.S.C. § 2253 will not issue.

IT IS SO ORDERED.


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