Smalls v. United States

Background

Leon Smalls, who was incarcerated, filed a self-represented motion under 28 U.S.C. § 2255 challenging the legality of his sentence. The motion concerned his August 27, 2020 judgment of conviction after he pleaded guilty to using, possessing, and brandishing a firearm in violation of 18 U.S.C. § 924(c)(1)(A). The opinion states that Smalls did not appeal.

Timeliness issue

The court explained that an unappealed federal criminal judgment became final when the 14-day period for filing a direct appeal expired, which was September 10, 2020. Under the one-year limitation period for these sentence challenges, the ordinary deadline was September 10, 2021. Smalls signed and filed his motion on January 8, 2023, after that deadline.

The court noted that the filing period can sometimes be extended if a person shows that he pursued his rights diligently and that an extraordinary circumstance prevented timely filing. The opinion also discusses the prison-mail rule, under which an incarcerated person's filing is generally treated as filed when delivered to prison authorities for mailing. Smalls stated that he signed the motion on January 8, 2023, in the presence of a case manager.

Court’s action

The court directed Smalls to file a declaration by April 10, 2023, showing why his motion should not be denied as time barred. The court said it would review a timely declaration and, if appropriate, order that the motion be served on the United States. No answer was required at that point. If Smalls failed to comply, the motion would be denied as time barred.

The court also stated that Smalls had not then made a substantial showing that a constitutional right had been denied, so it would not issue a certificate of appealability. It certified that an appeal would not be taken in good faith and denied permission to appeal without paying filing fees.