United States District Court, D. South Carolina
ORDER AND OPINION
Honorable Margaret B. Seymour Senior United States District
Maurice Sentell Bradham is a federal inmate currently housed
at the Federal Correctional Complex in Petersburg, Virginia.
On August 14, 2014, Movant, proceeding pro se, filed
a motion under 28 U.S.C. § 2255 to vacate, set aside, or
correct sentence. ECF No. 1271. Respondent United States of
America (the “Government”) filed a response in
opposition to Movant's motion and a motion for summary
judgment on October 31, 2014. ECF Nos. 1286, 1287. On July
23, 2015, Movant filed a motion for disposition under
Fed.R.Civ.P. 4(b). On June 13, 2016, Movant filed an amended
§ 2255 motion. ECF No. 1400. The Government responded
and moved for summary judgment on July 14, 2016. ECF Nos.
FACTS AND PROCEDURAL HISTORY
April 21, 2010, a federal grand jury returned an indictment
charging Movant with: (1) conspiracy to distribute fifty
grams or more of cocaine base and 500 grams or more of
cocaine, in violation of 21 U.S.C. § 846 (“Count
1”); (2) possession with intent to distribute and
distribution of five grams or more of cocaine base and a
quantity of cocaine, in violation of 21 U.S.C. §§
841(a)(1) and 841(b)(1)(B) (“Count 16”); (3)
possession of a firearm in furtherance of a drug trafficking
crime, in violation of 18 U.S.C. § 924(c) (“Count
17”); and (4) possession with intent to distribute and
distribution of five grams or more of cocaine base, in
violation of 21 U.S.C. §§ 841(a)(1) and
841(b)(1)(B) (“Count 18”). Indictment at 1, 3,
10-11, ECF No. 3.
9, 2010, the Government filed an Information pursuant to 21
U.S.C. § 851 for the purpose of notifying Movant of the
Government's intent to seek enhanced penalties based on
Movant's prior felony drug conviction in 2005. ECF No.
183. The prior offense subjected Movant to a statutory
mandatory minimum sentence of twenty years on Count 1,
pursuant to 21 U.S.C. § 841(b)(1)(A). Id.
entered into a written plea agreement with the Government on
August 16, 2010. ECF No. 308. The plea agreement advised
Movant that sentencing is within the sole discretion of the
Court, and that the Court would consider the relevant section
of the United States Sentencing Guidelines. Id.
Also, within the plea agreement Movant waived his right to
appeal his conviction or sentence, both directly and
collaterally, including any proceedings under 28 U.S.C.
§ 2255. Id. This waiver did not bar claims of
ineffective assistance of counsel or prosecutorial
misconduct. Plea Hr'g Tr. 26:14-15, ECF No. 1283. Movant
acknowledged that he was waiving these rights in exchange for
an opportunity to earn a sentence reduction pursuant to
U.S.S.G. § 5K1.1 or Federal Rule of Criminal Procedure
35(b). Resp't Mem. in Supp. of Summ. J. 4, ECF No. 1286.
to the plea agreement, Movant pleaded guilty on August 16,
2010 to Counts 1 and 17 of the indictment, and Counts 16 and
18 were dismissed by motion of the Government. Id.
at 3. Movant verbally confirmed that he understood and agreed
to the terms of his plea agreement. Plea Hr'g Tr.
28:23-24, ECF No. 1283.
August 31, 2011, the court sentenced Movant to 180 months,
consisting of 120 months for Count 1 and 60 months for Count
17, to run consecutively. ECF No. 881. After Movant was
sentenced, the Government made two motions for sentence
reduction pursuant to Fed. R. Crim. P.35(b). ECF Nos. 989
(filed June 29, 2012), 1223 (filed January 27, 2014). On July
25, 2012, the court granted the first Rule 35 motion and
resentenced Movant to 111 months, consisting of 51 months as
to Count 1 and 60 months as to Count 17, to run
consecutively. ECF No. 997. On March 12, 2014, the court
granted the Government's second Rule 35 motion and
resentenced Movant to 106 months, consisting of 46 months for
Count 1 and 60 months for Count 17, to run consecutively.ECF
April 21, 2014, Movant filed a motion to dismiss Count 17 of
the Indictment. The court notified Movant that the court
intended to construe Movant's motion as a § 2255
motion. ECF No.1249, 1267. Subsequently, Movant filed this
motion under 28 U.S.C. § 2255, on August 14, 2014. ECF
No. 1271. Movant asserts the following grounds for relief:
GROUND ONE: Insufficient Evidence - There were
“no” D.N.A. or Forensis reports, or fingerprints
of Mr. Bradham on the gun or any video or audio reports of
him having a gun.
GROUND TWO: Ineffective Assistance of Counsel - Defense
Counsel has a conflict of interest in my due process rights
and Sixth Amendment rights to file a motion to the court to
Dismiss Count (17) of The Indictment before accepting the
plea contruant or before sentenced (he) was grossly neglicent
by not challenging laboratory results for count (17) to be
cross-examined in my case.
GROUND THREE: Retroactive Amendment Effect On November 1,
2014 - Whether this court hold this decision in abeyance
until November 1, 2014 or until November 1, 2014, for
additional released as to the Amendment 782 as to the
GROUND FOUR: Smarter Sentencing Act - Whether this court can
hold it's decision in abeyance until, November 1, 2014;
or hold abeyance until, November 1, 2015 to allow
consideration of it's decision as to ...