After pleading guilty, in late 1992, to importing heroin, Ayodele was sentenced, in February 1993, to 37 months in prison and five years’ supervision. Conviction became final in March 1993. In March 1997, while on supervision, he was charged, in New Jersey state court, on drug charges arising from an intercepted shipment of heroin. After pleading guilty in a New Jersey court, Ayodele was given a 1998 sentencing date, which he did not attend. He evaded capture until 2009. On Oct. 21, 2009, he pleaded guilty to violating supervision by possessing a controlled substance. He was sentenced to a term of one year and one day, followed by a year’s supervision. Despite finding that potential immigration consequences of his guilty plea did not moot Ayodele’s Aug. 23, 2010, pro se application for 28 USC §2255 habeas relief, district court denied such relief as untimely as a result of the Antiterrorism and Effective Death Penalty Act’s one year limitations period. That Ayodele challenged only the additional term of incarceration (not the initial 37-month term) was of no import. Under McPherson v. United States, the appropriate course would still have been to “attack the lawfulness of the term of the supervised release originally imposed.”
ADDITIONAL TOPICS
