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Bonestroo v. United States

United States District Court, D. South Dakota, Southern Division

November 22, 2016

RONALD BONESTROO, Movant,
v.
UNITED STATES OF AMERICA, Respondent.

          ORDER

          VERONICA L. DUFFY UNITED STATES MAGISTRATE JUDGE.

         INTRODUCTION

         Movant, Ronald Bonestroo, a federal inmate at the Petersburg Low Federal Correctional Institution in Petersburg, Virginia, has filed a pro se motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. This matter was referred to this magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(A) & (B) and the October 16, 2014, standing order of the Honorable Karen E. Schreier, district judge.

         FACTS

         Mr. Bonestroo was found guilty by a jury of attempted commercial sex trafficking of a child on November 8, 2011. The district court granted Mr. Bonestroo's motion for acquittal on January 4, 2012. The government appealed and on January 7, 2013, the Eighth Circuit Court of Appeals reversed and remanded the case for reinstatement of the jury verdict and imposition of sentence. Mr. Bonestroo filed a petition for writ of certiorari on June 11, 2013. Mr. Bonestroo was sentenced on June 17, 2013, to 120 months' imprisonment and a 5 year term of supervised release. On October 18, 2013, the United States Supreme Court denied the petition for a writ of certiorari. Mr. Bonestroo filed this 2255 action over three years later, on November 16, 2016.

         DISCUSSION

         A. Review of Mr. Bonestroo's Motion Pursuant to Rule 4

         Rule 4(b) of the Rules Governing Section 2255 Cases states in pertinent part:

The judge who receives the motion must promptly examine it. If it plainly appears from the motion, any attached exhibits, and the record of prior proceedings that the moving party is not entitled to relief, the judge must dismiss the motion and direct the clerk to notify the moving party. If the motion is not dismissed, the judge must order the United States attorney to file an answer, motion, or other response within a fixed time, or to take other action the judge may order.

         This Court's preliminary review, required by Rule 4, reveals that Mr. Bonestroo's pending § 2255 motion may be barred by the statute of limitations.

         B. Statute of Limitations Governing Section 2255 motions

         Section 2255 of Title 28 of the United States Code provides, in relevant part, as follows:

(a) A prisoner in custody under sentence of a court established by Act of Congress claiming the right to be released upon the ground that the sentence was imposed in violation of the Constitution or laws of the United States, or that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum authority authorized by law, or is otherwise subject to collateral attack, may move the court which imposed the sentence to vacate, set aside or correct the sentence.

28 U.S.C. § 2255(a). As the above text illustrates, a §2255 motion is available only to prisoners in federal custody and must be brought in the same court that ...


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