Vanbuhler v. United States

OPINION AND ORDER DENYING MOTION TO VACATE SENTENCE

DAVID M. LAWSON, United States District Judge

Petitioner Thomas Vanbuhler has filed a motion to vacate his sentence under 28 U.S.C. § 2255, renewing a challenge to the use of an earlier state court conviction to enhance the penalty for possession of child pornography, to which he pleaded guilty in 2007 and was sentenced in 2008. Although his petition was filed well beyond the one-year statute of limitations, as measured from the date Vanbuhler’s conviction became final, he argues that subsequent decisions by the Supreme Court extended the…