United States District Court, D. South Dakota, Western Division
VERONICA L. DUFFY, United States Magistrate Judge
Wilber Sinai Valdovinos-Gil, a federal inmate at the D. Ray
James Federal Correctional Institution in Folkston, Georgia,
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 Jeffrey L. Viken, Chief
United States District Judge.
Valdovinos-Gil entered into a plea agreement with the
government and on December 20, 2013, pled guilty to the
superseding indictment which charged him with conspiracy to
distribute a controlled substance. On April 21, 2014, he was
sentenced to 120 months in custody. Mr. Valdovinos-Gil did
not file a direct appeal. Mr. Valdovinos-Gil filed this 2255
action over three years later, on June 19, 2017.
Review of Mr. Valdovinos-Gil'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. Valdovinos-Gil's pending § 2255 motion may
be barred by the statute of limitations.
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 ...