United States District Court, D. South Dakota, Southern Division
VERONICA L. DUFFY UNITED STATES MAGISTRATE JUDGE.
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,
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.
Review of Mr. Bonestroo's Motion Pursuant to Rule
4(b) of the Rules Governing Section 2255 Cases states in
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.
Court's preliminary review, required by Rule 4, reveals
that Mr. Bonestroo's pending § 2255 motion may be
barred by the statute of limitations.
Statute of Limitations Governing Section 2255
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 ...