United States v. Rozier
7:01-cr-00039
E.D.N.C.Aug 31, 2011Background
- Rozier was indicted Feb 28, 2001 for conspiracy to distribute cocaine base and aiding/advising Rozier in distribution; pleaded guilty to conspiracy on Jun 12, 2001; plea included Wiggins waiver of appellate rights and broader post-conviction rights waiver; sentenced Nov 5, 2001 to 262 months and five years’ supervised release; previously filed §2255 in 2002 alleging defective indictment (denied); sought §3582(c) sentence reduction in 2009 (denied); current §2255 petition filed Mar 7, 2011 alleging defective indictment, involuntary plea, ineffective assistance; government moved to dismiss as untimely.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rozier's §2255 petition is timely | Rozier argues tolling or later-start date. | Government contends final judgment date November 20, 2001 and one-year period runs from then. | Untimely; one-year period expired long before filing. |
| Whether Rozier is entitled to equitable tolling | Operation Tarnished Badge may toll tolling if fraud/exception applies. | No sufficient facts; pursuit of other remedies does not toll §2255. | Equitable tolling not warranted; bare assertions insufficient. |
| Whether Operation Tarnished Badge facts toll the limitations period | Investigation by involved officers could render plea/involuntary/ineffective assistance claims. | No adequate factual pled grounds; lacks plausible basis for tolling. | Not enough facts to support tolling. |
| Whether Rozier should receive a certificate of appealability | Petition raises constitutional questions. | Claims adjudicated or procedurally barred; no substantial showing. | Certificate of appealability denied. |
Key Cases Cited
- Clay v. United States, 537 U.S. 522 (2003) (trial-timing of §2255 clock; finality rules)
- Rouse v. Lee, 339 F.3d 238 (4th Cir. 2003) (equitable tolling for extraordinary circumstances)
- Sosa v. United States, 364 F.3d 507 (4th Cir. 2004) (AEDPA tolling; remedies do not toll §2255)
- Trenkler v. United States, 268 F.3d 16 (1st Cir. 2001) (no tolling when pursuing other remedies)
- Slack v. McDaniel, 529 U.S. 473 (2000) (COA standard for procedural denials)
- Miller-El v. Cockrell, 537 U.S. 322 (2003) (COA standard; de novo review of denial criteria)
- Rose v. Lee, 252 F.3d 676 (4th Cir. 2001) (two-prong COA showing for procedural rulings)