Unreported / Non-Citable
Background
Ryan Matthew Barrow pleaded guilty in July 2021 to possession with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(C). The district court entered judgment on November 24, 2021, and Barrow did not appeal.
Barrow later filed a pro se motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255. Because the motion appeared untimely, the court ordered him to address whether the one-year limitations period barred relief or whether equitable tolling applied. Barrow did not respond.
The Court’s Holding
The court dismissed Barrow’s § 2255 motion with prejudice as barred by the one-year statute of limitations. Because he did not appeal, his conviction became final on December 8, 2021, when his time to file a notice of appeal expired. His deadline to seek relief under § 2255(f)(1) was therefore December 8, 2022, but his motion was not postmarked until approximately February 3, 2026.
The court also held that equitable tolling was unwarranted. Barrow presented no facts showing that he diligently pursued his rights or that an extraordinary circumstance prevented timely filing, and he did not contend that any alternative commencement date under § 2255(f)(2)–(4) applied.
Key Takeaways
- When a federal defendant does not appeal, the one-year § 2255 limitations period generally runs from the expiration of the time to file a direct appeal.
- Equitable tolling requires both diligent pursuit of rights and an extraordinary circumstance that prevented timely filing.
- A movant who offers no facts supporting equitable tolling fails to carry the burden of establishing entitlement to it.
Why It Matters
The decision underscores that federal prisoners must act promptly when seeking collateral relief under § 2255. A motion filed years after the statutory deadline may be dismissed with prejudice unless the movant establishes a later triggering date or satisfies the demanding requirements for equitable tolling.