Charlton v. United States

Decision Date20 June 2019
Docket NumberCriminal Action No. 04-10306
Parties Trevor CHARLTON, Petitioner, v. UNITED STATES of America, Respondent.
CourtU.S. District Court — District of Massachusetts

389 F.Supp.3d 107

Trevor CHARLTON, Petitioner,
v.
UNITED STATES of America, Respondent.

Criminal Action No. 04-10306

United States District Court, D. Massachusetts.

Filed June 20, 2019


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Marianne C. Hinkle, Robert E. Richardson, United States Attorney's Office, Boston, MA, for Plaintiffs.

MEMORANDUM AND ORDER

Saris, C.J.

Defendant Trevor Charlton ("Charlton") moves for the second time under 28 U.S.C. § 2255 to vacate his 204-month sentence on the basis that he has been incorrectly classified as an Armed Career Criminal. For the reasons discussed below, Charlton's motion (Dkt. No. 212) is ALLOWED.

FACTUAL AND PROCEDURAL BACKGROUND

Charlton was charged on September 29, 2004 in a single-count indictment with being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). He was convicted on December 10, 2007. On June 9, 2008, relying on the presentence report ("PSR"), the Court imposed a sentence of 204 months imprisonment, which included a sentence enhancement pursuant to the Armed Career Criminal Act ("ACCA"). The PSR deemed Charlton an Armed Career Criminal based on two Massachusetts state court convictions for "serious drug offenses" and three Massachusetts state court convictions for "violent felonies."

The two serious drug offenses identified by the PSR were convictions for the distribution of crack cocaine. Both drug sales occurred during the early morning hours of March 23, 1996 in the same location. At 12:25 AM, Charlton sold three plastic bags of crack cocaine to two individuals identified as Curtis Fitzpatrick and Malik Shabazz. Then, at 1:00 AM, Charlton sold one rock of crack cocaine to an individual identified as John Ward. Both sales were observed by Boston police officers and, following the second sale, the officers arrested Charlton. Charlton was sentenced for both drug offenses on the same date. The PSR drew the details of both incidents from the same Boston Police report. The three violent felonies identified by the PSR were convictions for (1) assault by means of a dangerous weapon ("ADW"); (2) assault and battery to collect a loan ("ABCL"); and (3) assault and battery by means of a dangerous weapon ("ABDW").

On June 16, 2008, Charlton appealed his sentence on the basis, inter alia, that the ACCA enhancement was inapplicable because the Government did not prove the ACCA predicate convictions beyond a reasonable doubt. The First Circuit denied Charlton's appeal and affirmed his sentence. See United States v. Charlton, 600 F.3d 43, 55 (1st Cir. 2010).

On July 5, 2011, Charlton then moved this Court to vacate his sentence pursuant to § 2255. Charlton argued, inter alia, that the ACCA enhancement was inapplicable because he did not have three qualifying predicate offenses. Specifically, Charlton argued that his only predicate offenses were (1) a single serious drug offense for distribution of crack cocaine, and (2) a single violent felony for ADW. On January 2, 2013, the Court denied Charlton's motion

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to vacate his sentence. The Court found that Charlton's ABDW conviction also constituted a violent felony and, therefore, he had at least three ACCA predicate offenses. The Court did not address Charlton's argument that the two serious drug offenses identified in the PSR should be treated as a single offense for ACCA purposes. On October 28, 2014, Charlton appealed the Court's ruling on his § 2255 motion, but the First Circuit ultimately dismissed the appeal for want of diligent prosecution.

The present motion was initiated when Charlton filed a letter with the Court on June 3, 3016, seeking the appointment of counsel for assistance with a potential claim for relief under Johnson v. United States, ––– U.S. ––––, 135 S. Ct. 2551, 192 L.Ed.2d 569 (2015) (" Johnson II"), and Welch v. United States, ––– U.S. ––––, 136 S. Ct. 1257, 194 L.Ed.2d 387 (2016). The Court construed Charlton's letter as a motion pursuant to § 2255 and transferred it to the First Circuit to determine whether Charlton would be allowed to proceed with a second or successive § 2255 motion. On March 14, 2018, the First Circuit granted Charlton's application to proceed with a second or successive § 2255 motion and referred the motion back to this Court.

DISCUSSION

I. Legal Standards

A. 28 U.S.C. § 2255

A federal prisoner "may petition for post-conviction relief under 28 U.S.C. § 2255(a) if, inter alia, the individual's sentence ‘was imposed in violation of the Constitution or laws of the United States’ or ‘is otherwise subject to collateral attack.’ " Lassend v. United States, 898 F.3d 115, 122 (1st Cir. 2018) (quoting 28 U.S.C. § 2255(a) ). Second or successive § 2255 motions are subject to the additional requirement that the circuit court must first give permission before the motion can proceed in the district court. Brown v. United States, 906 F.3d 159, 161 (1st Cir. 2018). "As gatekeeper, [the circuit court] may authorize the filing of a successive application only if the application makes a prima facie showing, that it relies on a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable." Id. (cleaned up). A "prima facie showing" means merely "a sufficient showing of possible merit to warrant a fuller exploration by the district court." Moore v. United States, 871 F.3d 72, 78 (1st Cir. 2017) (quoting Rodriguez v. Superintendent, Bay State Corr. Ctr., 139 F.3d 270, 273 (1st Cir. 1998) ). Once the circuit court authorizes a second or successive § 2255 motion to proceed, the district court still is required to redo the gatekeeping analysis before addressing the merits of the motion. See id. at 85.

B. Armed Career Criminal Act

Under the ACCA, a person who violates 18 U.S.C. § 922(g) and has three previous convictions for "a violent felony or a serious drug offense, or both, committed on occasions different from one another" is subject to a 15-year mandatory-minimum sentence. 18 U.S.C. § 924(e)(1). The statute defines the term "violent felony" as a felony that either "(i) has as an element the use, attempted use, or threatened use of physical force against the person of another; or (ii) is burglary, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another." Id. § 924(e)(2)(b). In Johnson II, the Supreme Court held that the ACCA's "residual clause," which defines any crime that "otherwise involves conduct that presents a serious potential risk of physical

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injury to another" as a "violent felony," is unconstitutionally vague. 135 S. Ct. at 2563. Shortly thereafter, in Welch, the Supreme Court held that its decision in Johnson II was a substantive one and, therefore, has retroactive effect in cases on collateral review. 136 S. Ct. at 1265. Following Johnson II and Welch, "ACCA-enhanced sentences that depended on predicate convictions for offenses qualifying as violent felonies under ACCA's residual clause are now invalid unless those offenses" either involve the use of force per § 924(e)(2)(b)(i) (i.e., the "force clause") or are of a type specifically enumerated in § 924(e)(2)(b)(ii). United States v. Rose, 896 F.3d 104, 106 (1st Cir. 2018).

II. Analysis

A. Timeliness

Before addressing the merits of Charlton's motion, the Court first considers whether it has been timely brought under 28 U.S.C. § 2255(f). A one-year statute of limitations applies to federal prisoners filing § 2255 motions, "which runs from the latest of ‘(1) the date on which the judgment of conviction bec[ame] final; ... [or] (3) the date on which the right asserted was initially recognized by the Supreme Court, if that right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review.’ " Dimott v. United States, 881 F.3d 232, 236 (1st Cir.) (alterations in original) (quoting 28 U.S.C. § 2255(f) ), cert. denied sub nom. Casey v. United States, ––– U.S. ––––, 138 S. Ct. 2678, 201 L.Ed.2d 1072 (2018). The limitations period for Charlton's claims was triggered by the Supreme Court's ruling in Johnson II on June 26, 2015. See Dixon v. United States, 729 F. App'x 16, 19 (1st Cir. 2018) (per curiam).

Charlton filed his letter for appointment of counsel to assist with potential Johnson II claims on June 3, 2016, more than three weeks before the one-year limitations period for those claims expired. And the Court subsequently construed that letter as a motion pursuant to § 2255. The Government asks the Court to reconsider this decision but provides no persuasive reason why the Court should do so. Given the well-established judicial policy of liberally construing pro se proceedings, see Estelle v. Gamble, 429 U.S. 97, 106, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976), and the precedent for treating similar pro se filings as § 2255 motions, see Platt v. United States, Case No. 16-1961 (1st Cir.) (entry dated 7/19/2016) ("Letter Motion" asking for appointment of counsel to file Johnson motion); Wall v. United States, Case No. 16-1971 (1st Cir.) (entry...

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