Kourani v. United States

Background

Ali Kourani filed a motion under 28 U.S.C. § 2255, a procedure allowing a federal prisoner to challenge a conviction or sentence, concerning his terrorism-related federal convictions. The court had denied the motion as untimely. Kourani then sought reconsideration under Federal Rules of Civil Procedure 59(e) and 60(b), but the court denied that request. After Kourani appealed, the Second Circuit vacated the judgment and sent the case back for consideration of the filing deadline, the prison-mailbox rule, and the Supreme Court’s extension of Kourani’s deadline to seek review.

Timeliness analysis

The court explained that a § 2255 motion generally must be filed within one year after the conviction becomes final. Because the Supreme Court extended Kourani’s deadline to seek review until March 7, 2022, and he did not file a petition for review, the conviction became final on that date. The § 2255 motion therefore had to be filed by March 7, 2023.

Under the prison-mailbox rule, a filing from an incarcerated person is treated as filed when delivered to prison officials. Kourani signed and dated his motion and dated the mailing envelope March 3, 2023, although the envelope was postmarked March 10, 2023. The court assumed that Kourani delivered the documents to prison officials on March 3 and concluded that the motion was timely.

Disposition

The court vacated the order denying the § 2255 motion, identified as ECF No. 190 in the criminal case and ECF No. 6 in this civil case. The court concluded that the motion should not be summarily dismissed as lacking merit and ordered the Clerk to notify the Criminal Division of the U.S. Attorney’s Office for the Southern District of New York. That office must file an answer or other response within 45 days of the order. Kourani may file a reply within 14 days after being served with the response. The order does not decide the underlying challenge to Kourani’s convictions.