United States v. Norman Harrington Wilson, A/K/A Stormin Norman

256 F.3d 217, 2001 U.S. App. LEXIS 14352, 2001 WL 726708
CourtCourt of Appeals for the Fourth Circuit
DecidedJune 28, 2001
Docket00-6162
StatusPublished
Cited by16 cases

This text of 256 F.3d 217 (United States v. Norman Harrington Wilson, A/K/A Stormin Norman) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Norman Harrington Wilson, A/K/A Stormin Norman, 256 F.3d 217, 2001 U.S. App. LEXIS 14352, 2001 WL 726708 (4th Cir. 2001).

Opinions

Affirmed by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge WIDENER joined. Judge MICHAEL wrote an opinion concurring in the judgment.

OPINION

WILKINSON, Chief Judge:

We must determine here how 28 U.S.C. § 2255’s one-year statute of limitations operates when a federal court of appeals affirms some of a defendant’s convictions but reverses others. Because § 2255’s statute of limitations was not tolled pending final resolution on all counts of defendant Wilson’s case, we affirm the district court’s dismissal of his habeas petition as untimely.

I.

On March 30, 1995, a jury convicted petitioner Norman H. Wilson of engaging in a continuing criminal enterprise (“CCE”), 21 U.S.C. § 848, conspiring to distribute crack cocaine, 21 U.S.C. § 846, and using or carrying a firearm during a drug trafficking offense, 18 U.S.C. § 924(c). Wilson was sentenced to concurrent life terms on his CCE and conspiracy convictions. In addition, he was sentenced to sixty months consecutively on his firearms conviction.

Wilson subsequently appealed his convictions to this court. On January 29, 1998, we affirmed Wilson’s CCE and firearms convictions. See United States v. Wilson, 135 F.3d 291, 307 (4th Cir.1998). In accordance with Supreme Court precedent, however, we remanded Wilson’s conviction on the conspiracy count “with in[219]*219structions to vacate his conviction (and its accompanying sentence) on that one count.” Id. at 307. Wilson then sought review in the United States Supreme Court. On May 26, 1998, his application for certiorari was denied, thus concluding direct review of Wilson’s CCE and firearms convictions. See Wilson v. United States, 523 U.S. 1143, 118 S.Ct. 1852, 140 L.Ed.2d 1101 (1998).

On September 24, 1998, the district court, per our earlier instructions, vacated Wilson’s conspiracy conviction and its concurrent life sentence. The district court held that Wilson’s previous sentence was otherwise still in effect. The court entered a formal order to this effect on November 16,1998.

On September 13, 1999, Wilson filed this petition for collateral relief under 28 U.S.C. § 2255 (1994 & Supp. IV 1998). Because his conspiracy conviction had already been vacated, Wilson’s § 2255 motion challenged only the validity of his CCE and firearms convictions. The district court dismissed Wilson’s petition, however, ruling that these convictions became final on May 26, 1998. Thus, Wilson’s § 2255 motion was time barred under § 2255’s one-year statute of limitations. Wilson now appeals.

II.

Prior to 1996, there was no time limitation on a federal prisoner’s ability to collaterally attack his conviction in a § 2255 motion. See United States v. Torres, 211 F.3d 836, 838 (4th Cir.2000). This changed in 1996 with Congress’ enactment of the Antiterrorism and Effective Death Penalty Act, Pub.L. No. 104-132, 110 Stat. 1214 (“AEDPA”). AEDPA amended 28 U.S.C. § 2255 to provide a one-year limitations period for the filing of § 2255 motions. Section 2255 provides that the period of limitation will begin to run upon, inter alia, “the date on which the judgment of conviction becomes final.” 28 U.S.C. § 2255.

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Bluebook (online)
256 F.3d 217, 2001 U.S. App. LEXIS 14352, 2001 WL 726708, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-norman-harrington-wilson-aka-stormin-norman-ca4-2001.