Albin v. United States of America (INMATE 3)
ORDER ADOPTING 17 Recommendation of the Magistrate Judge. It is hereby ORDERED as follows: 1. Petitioner's Objection is OVERRULED. 2. This 1 28 U.S.C. § 2255 motion is DENIED, as it was not filed within the controllingfederal limitation period, and this case is DISMISSED with prejudice. Signed by Honorable Judge W. Harold Albritton, III on 9/19/2014. (dmn, )
IN THE UNITED STATES DISTRICT COURT
FORTHE MIDDLE DISTRICT OF ALABAMA
UNITED STATES OF AMERICA,
CASE NO. 2:12-cv-716-WHA
This case is before the court on the Recommendation of the Magistrate Judge (Doc. #17),
entered on August 25, 2014, and the Petitioner’s Objection (Doc. #18), filed on September 11,
2014. After conducting an independent evaluation and de novo review of this case, the court
finds the objection to be without merit.
Christine Albin has filed objections to the Recommendation that her 28 U.S.C. § 2255 be
dismissed as time-barred. While she does not except to the court’s calculation finding her
motion to be tardy, she does except to the court’s rejection of her claim of actual innocence –
which, if valid, would have excused the tardiness of her § 2255 motion.
Albin pled guilty to conspiracy to distribute controlled substances and possession of a
firearm in relation to a drug-trafficking crime. In her § 2255 motion, however, she maintained
she was actually innocent of the firearm offense, 18 U.S.C. § 924(c), under the rationale of the
Supreme Court’s decision in Bailey v. United States, 516 U.S. 137 (1995), because, she said, she
did not “actively employ” the gun during her offense.
Bailey, however, has little application to Albin, because Bailey led to the amendment of
the 18 U.S.C. § 924(c) to expand the conduct covered by the statute. Post-Bailey, there are two
ways to violate § 924(c), and Albin’s conduct violated both ways – (1) carrying or using a
firearm during and in relation to a drug-trafficking offense, and (2) possessing a firearm in
furtherance of a drug-trafficking offense. The facts underlying Albin’s guilty plea showed she
was arrested while driving a car carrying large amounts of methamphetamine and cocaine and
that a Glock 9mm pistol was found inside the car.
Albin now disavows knowledge of facts she admitted to in the plea agreement she signed
and represented to the court she understood when pleading guilty. Therefore, the court agrees
with the Magistrate Judge’s rejection of Albin’s claim of actual innocence.
For the foregoing reasons, the court ADOPTS the Recommendation of the Magistrate
Judge, and it is hereby ORDERED as follows:
1. Petitioner’s Objection is OVERRULED.
2. This 28 U.S.C. § 2255 motion is DENIED, as it was not filed within the controlling
federal limitation period, and this case is DISMISSED with prejudice.
DONE this 19th day of September, 2014.
/s/ W. Harold Albritton
W. HAROLD ALBRITTON
SENIOR UNITED STATES DISTRICT JUDGE
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