Ronald Maurice Smith v. United States

Federal prisoner Ronald M. Smith appeals the dismissal of his 28 U.S.C. § 2255 motion to vacate as barred by the one-year statute of limitations of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), Pub.L. No. 104-132, 110 Stat. 1214 (1996). Smith argues that his § 2255 motion is not time-barred because,, under the Supreme Court’s interpretation of the term “use” in 18 U.S.C. § 924(c) in Bailey v. United States, 516 U.S. 137, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995), he was actually innocent of using a firearm during the bank-robbery crimes for which he was convicted in 1992.…