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Williams v. Mansukhani

United States District Court, D. South Carolina, Anderson/Greenwood Division

January 22, 2015

Joseph Williams, Petitioner,
v.
Andrew Mansukhani, Warden, Respondent.

REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE

JACQUELYN D. AUSTIN, Magistrate Judge.

This matter is before the Court on Respondent's motion for summary judgment. [Doc. 23.] Petitioner, proceeding pro se, is a federal prisoner seeking relief pursuant to 28 U.S.C. § 2241. Pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Civil Rule 73.02(B)(2)(c), D.S.C., this magistrate judge is authorized to review post-trial petitions for relief and submit findings and recommendations to the District Court.

Petitioner filed this Petition for writ of habeas corpus on March 28, 2014[1] [Doc. 1] and supplemented his Petition on May 21, 2014 [Doc. 18]. On July 17, 2014, Respondent filed a motion for summary judgment. [Doc. 23.] On July 18, 2014, pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir.1975), Petitioner was advised to respond to the motion and of the possible consequences if he failed to adequately respond. [Doc. 24.] Petitioner's response in opposition was filed on August 15, 2014. [Doc. 26.]

Having carefully considered the parties' submissions and the record in this case, the Court recommends Respondent's motion be granted and the Petition be denied.

BACKGROUND

Southern District of Florida Proceedings

Currently, and at the time he filed the Petition, Petitioner is incarcerated at Federal Correctional Institution ("FCI"), Estill. [Doc. 1-1 (enveloped marked as processed through FCI Estill).] On November 21, 2002, pursuant to a superseding indictment in the United States District Court for the Southern District of Florida ("the Florida District Court"), Petitioner was charged with one count of knowingly and intentionally possessing with intent to distribute five grams or more of cocaine base; two counts of knowingly and intentionally possessing with intent to distribute cocaine; three counts of knowingly and intentionally possessing with intent to distribute marijuana; one count of knowingly possessing a firearm in furtherance of a drug trafficking crime; and, having previously been convicted of a crime punishable by imprisonment for a term exceeding one year, one count of knowingly possessing a firearm and ammunition. [Southern District of Florida No. 1:02-cr-20786-CMA-1, Docket Entry 28.[2] On July 24, 2003, a jury found Petitioner guilty of all charges except knowingly possessing a firearm in furtherance of a drug trafficking crime. [ Id., Docket Entry 158.] On March 18, 2004, Petitioner was sentenced to 360 months imprisonment for one count of possession with intent to distribute crack cocaine, two counts of possession with intent to distribute cocaine, and one count of possession of a firearm by a previously convicted felon; and 120 months imprisonment for three counts of possession with intent to distribute marijuana. [ Id., Docket Entry 212.] Petitioner was also sentenced to an eight year term of supervised release for one count of possession with intent to distribute crack cocaine; a six year term of supervised release for two counts of possession with intent to distribute cocaine; and a four year term of supervised release for three counts of possession with intent to distribute marijuana and one count of possession of a firearm by a previously convicted felon. [ Id. ] Petitioner asserts that the Florida District Court found him qualified as an Armed Career Criminal pursuant to 18 U.S.C. § 924(e) and sentenced him under the provisions of § 924(e) and Section 4B1.4 of the Sentencing Guidelines.[3] [Doc. 1 at, 32.] Petitioner appealed, and the Eleventh Circuit Court of Appeals affirmed the Florida District Court's order and denied the petition on September 1, 2005. United States v. Williams, 146 F.Appx. 425 (11th Cir. 2005). The Supreme Court denied Petitioner's petition for writ of certiorari on February 21, 2006. Williams v. United States, 546 U.S. 1202 (2006).

On February 5, 2007, Petitioner filed a motion to vacate pursuant to 28 U.S.C. § 2255 in the Florida District Court. [Southern District of Florida No. 1:02-cr-20786-CMA-1, Docket Entry 265; Southern District of Florida No. 1:07-cv-20280-CMA, Docket Entry 1.] The court denied the motion to vacate, denied a motion pursuant to Rule 59(e) and Rule 52, and denied a motion for a certificate of appealability. [Southern District of Florida No. 1:07-cv-20280-CMA, Docket Entries 23, 26, 28.] Petitioner appealed, and on September 19, 2008, the Eleventh Circuit Court of Appeals granted a certificate of appealability on the limited issue of "[w]hether the district court erred in denying Williams's claim that counsel was ineffective for failing to timely advise the court that a defense witness had been threatened and intimidated by the government, " but the court affirmed the conviction. Williams v. United States, 294 F.Appx. 460 (11th Cir. 2008). The Eleventh Circuit denied a rehearing en banc, Williams v. United States, 309 F.Appx. 387 (11th Cir. 2009) (table decision), and on April 27, 2009, the Supreme Court denied a petition for writ of certiorari. Williams v. United States, 556 U.S. 1215 (2009).

On September 4, 2012, Petitioner filed another motion to vacate pursuant to § 2255. [Southern District of Florida No. 1:02-cr-20786-CMA-1, Docket Entry 267; Southern District of Florida No. 1:12-cv-23218-CMA, Docket Entry 1.] The Florida District Court dismissed the motion for failure to obtain authorization from the Eleventh Circuit Court of Appeals to file a successive § 2255 and denied a certificate of appealability. [ Id., Docket Entries 15, 19.] Although Petitioner appealed, his appeal was dismissed pursuant to a motion for voluntary dismissal. [ Id., Docket Entry 22.]

On March 25, 2013, Petitioner filed a habeas corpus petition pursuant to § 2255. [Southern District of Florida No. 1:13-cv-21170-CMA, Docket Entry 1.] The Florida District Court denied the petition and denied a certificate of appealability. [ Id., Docket Entry 8.] The Eleventh Circuit denied the motion for a certificate of appealability [ id., Docket Entry 14], and the Supreme Court denied a petition for writ of certiorari [ id., Docket Entry 15].

Instant Petition for Habeas Corpus

On March 28, 2014, Petitioner filed in this Court a Petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241.[4] [Doc. 1.] Petitioner asserts that he is actually innocent of the Armed Career Criminal Act ("ACCA"), 18 U.S.C.A. § 924, enhanced sentence because two of his prior convictions in Florida-for carrying a concealed firearm and battery of an officer-no longer qualify as predicate offenses under the ACCA in light of the Eleventh Circuit Court of Appeal's decisions in United States v. Archer, 531 F.3d 1347 (11th Cir. 2008), and United States v. Williams, 609 F.3d 1168 (11th Cir. 2010). [Docs. 1 at 5-7; 26 at 3, 5.] Petitioner seeks a new sentencing hearing.[5] [Doc. 1 at 7.]

APPLICABLE LAW

Liberal Construction of Pro ...


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