USA v. Logan

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IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
UNITED STATES OF AMERICA 	RESPONDENT
vs. 	Criminal No. 6:20-cr-60010
Civil No. 6:23-cv-06087
REDMON LOGAN 	MOVANT
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
Before the Court is Movant Redmon Logan (“Logan”)’s Motion under 28 U.S.C. § 2255
to Vacate, Set Aside, or Correct Sentence. 	ECF No. 53. 	Logan filed this Motion pro se. 	On
September 22, 2023, the Government responded to this Motion. ECF No. 57. No reply was filed.
The Motion was referred for findings of fact, conclusions of law, and recommendations for
the disposition of the case. The Court has reviewed the Motion and the response; and based upon
that review, the Court recommends this Motion be DENIED.
1. 	Procedural Background:
On March 4, 2020, Logan was named in a single-count Indictment filed in the Western
District of Arkansas. ECF No. 1. On October 13, 2020, Logan pled guilty to this count. ECF No.
39. This Count provided as follows:
On or about May 25, 2019, in the Western District of Arkansas, Hot Springs
Division, the Defendant, REDMON LOGAN, knowing that he had been convicted
of a crime punishable by imprisonment for a term exceeding one year, did
knowingly possess any one or more of the following firearms: Smith & Wesson,
model SD9VE, 9mm caliber pistol, serial number FWR0417; Ruger, model SR9,
9mm caliber pistol, serial number 330-21397; JRC, model JR carbine, 9mm caliber
rifle, serial number JRCV065243, which had been shipped and transported in
interstate commerce.
ECF No. 1 at 1.
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After Logan’s Plea Agreement was submitted, a Presentence Investigation Report (“PSR”)
was prepared, and a final PSR was filed on December 28, 2020. ECF No. 45. In this PSR, Logan
was assigned a base level offense of 22 with a four-point increase for specific offense
characteristics. 	Id. ¶¶ 38-40. 	Logan received a three-point reduction for acceptance of
responsibility, which yielded a total offense level of 23. Id. ¶ 48. Logan was determined to be in
criminal history category VI. 	Id. ¶ 170. 	Logan’s United States Sentencing Guidelines
recommended term of imprisonment was found to be 92 to 115 months. Id. ¶ 172.
On October 5, 2021, Logan appeared before the Honorable Susan O. Hickey and was
sentenced to 92 months imprisonment with credit for time served in federal custody, 3 years
supervised release, and a $100.00 special assessment. ECF No. 51. The judgment was entered on
October 6, 2021. Id. On July 21, 2023, Logan filed a pro se Motion for Relief under 28 U.S.C. §
2255. ECF No. 53. The Government responded to this Motion on September 22, 2023. ECF No.
57. In this response, the Government claims Logan’s Motion is barred because it was untimely
filed, and Logan has no excuse for his delay. ECF No. 57. Accordingly, the Government claims
Logan’s Motion must be dismissed. Id.
2. 	Applicable Law:
A § 2255 motion is fundamentally different from a direct appeal. 	The Court will not
reconsider an issue, which was decided on direct appeal, in a motion to vacate pursuant to § 2255.
See United States v. Davis, 406 F.3d 505, 511 (8th Cir. 2005); Dall v. United States, 957 F.2d 571,
572 (8th Cir.1992) (“Claims which were raised and decided on direct appeal cannot be relitigated
on a motion to vacate pursuant to 28 U.S.C. § 2255 .”).
“Relief under 28 U.S.C. § 2255 is reserved for transgressions of constitutional rights and
for a narrow range of injuries that could not have been raised on direct appeal and, if uncorrected,
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would result in a complete miscarriage of justice.” United States v. Apfel, 97 F.3d 1074, 1076 (8th
Cir. 1996).
3. 	Discussion:
The Government claims Logan’s Motion should be dismissed because it was untimely
filed. Upon review, the Court agrees with the Government and finds Logan’s Motion should be
dismissed because it was untimely filed.
A. 	One-Year Statute of Limitations
On April 24, 1996, the Antiterrorism and Effective Death Penalty Act of 1996 (hereinafter
“AEDPA”) was signed into law. 	A one-year statute of limitations was enacted for motions to
vacate, set aside or correct a sentence pursuant to 28 U.S.C. § 2255. In general, under 28 U.S.C.
§ 2255(f)(1), a movant for collateral relief has one year from “the date on which the judgment
became final” to file a motion challenging his conviction.
In the present action, the Court entered a judgment in Logan’s case on October 6, 2021.
ECF No. 51. The judgment became final on October 20, 2021, when 14 days passed without an
appeal being filed. See FED. R. APP . P. 4(b)(1)(A) (indicating a defendant in a criminal case has
14 days to file a notice of appeal). Thus, to timely file a § 2255 Motion, Logan had one year from
that date or until October 20, 2022. In the present action, Logan filed his 28 U.S.C. § 2255 on July
21, 2023. ECF No. 53. Thus, it was untimely filed under 28 U.S.C. § 2255(f)(1).
Further, under 28 U.S.C. § 2255(f)(3), the one-year statute of limitations also may begin to
run from “the date on which the right asserted was initially recognized by the Supreme Court, if
that right has been newly recognized by the Supreme Court and made retroactively applicable to
cases on collateral review.” In the present action, Logan references a decision by the Third Circuit
as providing him a basis for relief. See Range v. Attorney General United States of America, 69
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F.4th 96 (3rd Cir. 2023). This case, however, does not trigger 28 U.S.C. § 2255(f)(3) because it
was not decided by the Supreme Court. Logan has supplied no Supreme Court case that would
trigger the applicable time-period in 28 U.S.C. § 2255(f)(3), and this Court finds no such precedent.
Accordingly, Logan’s Motion is time-barred. 	Unless an exception to this statute of limitations
applies, the Court lacks jurisdiction to consider the merits of his Motion.
B. 	Equitable Tolling
Logan’s claims are barred by the limitations period unless he can establish the period was
tolled. The Eighth Circuit Court of Appeals has found the doctrine of equitable tolling applies to
28 U.S.C. § 2255 motions but only where there are exceptional circumstances, such as the
following: (1) if there are “extraordinary circumstances” beyond a movant’s control that would
keep the movant from filing in a timely fashion; or (2) if the government’s conduct “lulled” the
movant into inaction through reliance on that conduct. United States v. Hernandez, 436 F.3d 851,
858 (8th Cir. 2006). Equitable tolling only applies when the circumstances that cause the delay in
filing are external to the movant and not attributable to his or her actions. Id. The movant has the
burden of establishing that equitable tolling should apply. See Pace v. DiGuglielmo, 544 U.S. 408,
418 (2015) (holding that a petitioner asserting a right to equitable tolling bears the burden of
establishing both elements of the doctrine).
In the present action, Logan does not provide any basis for equitable tolling, and the Court
cannot find one. 	In his Motion, Logan’s only basis for relief is that his sentence “violates the
Second Amendment of the United States Constitution” because it limits his ability to keep and
bear arms. 	ECF No. 53. 	Equitable tolling only applies when the circumstances that cause the
delay in filing are external to the movant and not attributable to his actions. See United States v.
Hernandez, 436 F.3d 851, 858 (8th Cir. 2006). Logan has the burden of establishing that equitable
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tolling applies. See Pace, 544 U.S. at 418 (holding that a petitioner asserting a right to equitable
tolling bears the burden of establishing both elements of the doctrine). 	Based upon the Parties’
briefing and the facts before the Court, there is no basis for equitable tolling.
4. 	Conclusion:
Logan’s Motion is time-barred under the AEDPA one-year statute of limitations. At the
very latest, he was required to file his 28 U.S.C. § 2255 Motion by October 20, 2022. Here, Logan
waited to file his 28 U.S.C. § 2255 Motion until July 21, 2023. Logan has supplied no basis to
apply equitable tolling to excuse his delay. Thus, this Court has no jurisdiction over this Motion.
5. 	Recommendation:
Accordingly, based on the foregoing, the Court recommends the instant Motion (ECF No.
53) be DENIED and dismissed with prejudice.1 The Court further recommends no Certificate of
Appealability issue in this matter.
The Parties have fourteen (14) days from receipt of this Report and Recommendation
in which to file written objections pursuant to 28 U.S.C. § 636(b)(1). The failure to file timely
objections may result in waiver of the right to appeal questions of fact. 	The Parties are
reminded that objections must be both timely and specific to trigger de novo review by the
district court. See Thompson v. Nix, 897 F.2d 356, 357 (8th Cir. 1990).
DATED this 29th day of November 2023.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
UNITED STATES MAGISTRATE JUDGE
1 "A federal court may dismiss a claim without an evidentiary hearing where the allegations are
frivolous, where the allegations fail to state a constitutional claim, where the relevant facts are
not in dispute, or where the dispute can be resolved on the basis of the record." Urquhart v.
Lockhart, 726 F.2d 1316, 1318-19 (8th Cir.1984).
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