SARA DARROW, District Judge.
Before the Court is Petitioner Nevin Lenton's 28 U.S.C. § 2255 Motion to Vacate, Set Aside, or Correct Sentence, ECF No. 3. For the foregoing reasons, Lenton's petition is DENIED.
On November 14, 2013, Lenton pled guilty to being a felon in possession of a firearm in violation of 18 U.S.C. 922(g)(1), attempted bank robbery in violation of 18 U.S.C. 2113(a), and attempted aggravated bank robbery in violation of 18 U.S.C. §§ 2113(a) and (d). Plea Agreement, Case No. 2:12-cr-20081, Cr. ECF No. 19.
On May 16, 2016, Lenton filed his § 2255 petition, arguing that due to the Supreme Court's holding in Johnson v. United States, 135 S.Ct. 2551 (2015), his predicate offenses no longer count as violent felonies under the ACCA, and that he no longer qualifies as an armed career criminal. See Mot. Vacate, Set Aside, or Correct Sentence, ECF No. 3. The Government responded to Lenton's petition, arguing that Lenton is not entitled to relief because "his claim is (1) waived; (2) procedurally defaulted; (3) untimely; and (4) barred by the concurrent-sentence doctrine." Gov't Resp., ECF No. 8. Lenton, via his appointed counsel, then filed a response acknowledging that the claim is time-barred due to Lenton's plea agreement and therefore procedurally defaulted. Pet'r's Reply 2, ECF No. 10.
The Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA") governs the procedure by which a federal prisoner may file successive habeas corpus petitions challenging his criminal sentence. 28 U.S.C. § 2255(a). AEDPA established a 1-year time period in which a federal prisoner may file a federal habeas petition, running from the latest of:
28 U.S.C. § 2255(f).
The Government argues that Lenton's petition is procedurally barred because it is untimely. The Government is correct, and Lenton has conceded this point. Pet'r's Reply 2. In order for his petition to be timely, it must fall within one of the enumerated exceptions in AEDPA. 28 U.S.C. § 2255(f). Lenton makes no argument that his claim is timely within the second or fourth limitations periods provided by AEDPA, and, as explained below, he has waived his argument invoking the third. Lastly, the only exception available to him-that his petition was filed one year from the date on which the judgment of conviction became final— does not apply. On that basis, Lenton's claim is not timely.
Lenton based his original petition on the argument that he was entitled to relief based on the Supreme Court's decision in Johnson v. United States, 135 S.Ct. 2551 (2015), which announced a new rule of law by invalidating the so-called "residual clause" of § 924(e). Pro Se Mem. Supp. § 2255 Mot. 4, ECF No. 4. Lenton argues that the sentencing court did not "identify which specific provisions of the ACCA applied," and that the residual clause was the only one that could have encompassed these convictions. Id. at 2. He argues that the convictions did not qualify as violent felonies under § 924(e)(2)(B)'s other clauses either, and therefore could not be counted to enhance the sentence. Id. Though burglary is one of the enumerated offenses in § 924(e)(2)(B), Lenton argues that the state criminal statutes in question do not match the elements of "generic burglary," and so his convictions under those statutes are not violent felonies under the ACCA. See Taylor v. United States, 495 U.S. 575, 598-99 (1990). The amended petition, filed by counsel on Lenton's behalf, argued more specifically that the burglary statutes under which Lenton was convicted should be analyzed using the statutory interpretation framework set out in Mathis v. United States, 136 S.Ct. 2243 (2016). Am. Mem. Supp. § 2255 Mot. 3, ECF No. 6.
In his newest filing to the Court, Lenton now acknowledges that the Seventh Circuit has decided that the type of claim raised in his petition—analysis of a criminal statute to determine whether it counts as a generic enumerated offense—is not a Johnson-based challenge but rather is a Mathis-based challenge. Pet'r's Reply 1. Mathis did not create a new rule of law, and therefore a claim based on its holding does not trigger a new one-year statute of limitations for the filing of his § 2255 motion. Holt v. United States, 843 F.3d 720, 721-22 (7th Cir. 2016). Lenton does not provide any other alternative date to govern the calculation of the limitations period; therefore, the governing date is the one on which his judgment of conviction became final, on November 29, 2013.
Petitioner Nevin Lenton's § 2255 Motion to Vacate, Set Aside, or Correct Sentence, ECF No. 3, is DENIED.