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Foxworth v. United States

United States District Court, D. South Carolina, Florence Division

March 28, 2017

Kendrick Dion Foxworth, PETITIONER
v.
United States of America, RESPONDENT C/A No. 4:14-cv-00325-TLW

          ORDER

          Terry L. Wooten, Chief United States District Judge

         This matter comes before the Court for consideration of the pro se petition to vacate, set aside, or correct a sentence pursuant to 28 U.S.C. § 2255 filed by Petitioner Kendrick Dion Foxworth. For the reasons stated below, the Court dismisses the petition.

         I. Factual and Procedural History

         Petitioner was indicted on a drug conspiracy charge, with threshold drug amounts of a quantity of cocaine and 280 grams or more of crack cocaine.[1] ECF No. 2. He ultimately entered into a plea agreement with the Government in which he agreed to plead to the lesser included threshold drug amount-specifically, a quantity of cocaine and 28 grams or more of crack cocaine-and the parties agreed to a stipulated sentence of 180 months pursuant to Rule 11(c)(1)(C). ECF No. 35 at ¶¶ 1, 16.

         Prior to accepting Petitioner's guilty plea, the Court conducted a thorough Rule 11 colloquy with him. During the colloquy, the Court engaged in the following discussion with him regarding his counsel:

THE COURT: Mr. Foxworth, have you received a copy of the indictment that sets forth the written charges against you?
THE DEFENDANT: Yes, sir.
THE COURT: Have you had a chance to fully discuss these charges with Mr. Hoffmeyer?
THE DEFENDANT: Yes, I have.
THE COURT: Have you had sufficient time to consult with Mr. Hoffmeyer?
THE DEFENDANT: Yes, sir.
THE COURT: Are you fully satisfied with the counsel, representation, and advice given to you in your case by your attorney?
THE DEFENDANT: Yes, sir, I am.
THE COURT: Is there anything you want Mr. Hoffmeyer to do for you that he has not done?
THE DEFENDANT: No, sir. He's done pretty much, you know.
THE COURT: Well, he's done everything you've asked him to do or wanted him to do; is that correct?
THE DEFENDANT: Yes, sir.

         After the AUSA summarized the plea agreement, including the Rule 11(c)(1)(C) stipulation, Petitioner acknowledged that those were the terms of his plea agreement. The Court also discussed the Rule 11(c)(1)(C) stipulation with him in detail:

THE COURT: In paragraph 16 of the plea agreement, it states in part that both parties agree that the appropriate disposition of this case is a sentence of 180 months' actual incarceration. Do you understand that this provision is in your plea agreement?
THE DEFENDANT: Yes, sir.
THE COURT: Do you understand this provision?
THE DEFENDANT: Yes, sir.
THE COURT: If I do not impose a 180-month sentence in your case, you would have the right-or a sentence that is higher than that, you would have a right to withdraw your plea, or I guess I would have to impose a sentence or the government could withdraw, but if I do not impose a 180-month sentence in your case, you would have the right to withdraw your plea. Do you understand that?
THE DEFENDANT: Yes, sir, I do.

         After the Government's case agent provided a factual summary, the Court engaged in the following discussion with Petitioner:

THE COURT: Mr. Foxworth, you know what the charges are that have been brought against you. I've outlined those with you. Do you admit that you did what you are charged with?
THE DEFENDANT: Yes, sir.
THE COURT: You heard what this agent said. He said that you had conspired or agreed with others to distribute cocaine and crack cocaine. Is that what you did?
THE DEFENDANT: Yes, sir.
THE COURT: And he said that you worked with others or agreed with others to distribute cocaine, as I have said, and also that you agreed to distribute or sell 28 grams or more of crack cocaine. Did you do that?
THE DEFENDANT: Yes, sir.
THE COURT: What was your role-tell me what you did in this matter.
THE DEFENDANT: Your Honor, like he said, I did over a course of years sell, in Marion ...

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