Cooper v. United States
| Decision Date | 23 March 2012 |
| Docket Number | No. 09-162-DRH,09-162-DRH |
| Parties | JAMES COOPER, Petitioner, v. UNITED STATES OF AMERICA, Respondent. |
| Court | U.S. District Court — Southern District of Illinois |
Before the Court is movant James Cooper's motion under 28 U.S.C. § 2255 to vacate, set aside, or correct sentence (Doc. 1). Cooper was found guilty by a jury on drug and gun charges, 21 U.S.C. §§ 846, 841(a)(1), 18 U.S.C. §§ 922(g)(1), 924(a)(2), and was sentenced to 285 months' imprisonment. (Doc. 174, 03-cr-40059). He appealed and was appointed counsel, but his appointed counsel sought leave to withdraw under Anders v. California, 386 U.S. 738 (1967), because he could not discern a nonfrivolous issue to pursue. The appellate court agreed with counsel, granted his motion, and dismissed the appeal. See United States v. Cooper, 224 Fed. Appx. 537 (7th Cir. 2007). Now, in his § 2255 motion, Cooper seeks to vacate, set aside, or correct his sentence based upon claims of ineffective assistance of trial counsel. For the reasons that follow, the motion is denied.
On July 10, 2003, a criminal complaint alleging conspiracy to distribute crackcocaine was filed against Cooper and his confederate James Golden, who used to run drugs for Cooper. Both were arrested and made their initial appearances that same day. On July 15, 2003, attorney Gary E. Milone, Sr. was appointed as Cooper's counsel based on Cooper's sworn financial affidavit. On August 7, 2003, a one count indictment charging conspiracy to distribute and possess with intent to distribute five grams or more of crack cocaine was filed against Cooper and Golden. On August 15, 2003, Cooper was arraigned and entered a not guilty plea. Trial was set for October 14, 2003.
On October 6, 2003, a final pretrial conference was held, where attorney Milone made an oral motion to withdraw as Cooper's counsel because Cooper had retained private counsel, attorney Charles Stegmeyer. The Court granted the motion to withdraw and the parties' motion to continue, finding that the failure to grant the motion would likely result in miscarriage of justice and that the ends of justice outweighs the best interest of the public and the defendant in a speedy trial. Attorney Stegmeyer entered his appearance to represent Cooper and the Court rescheduled the trial date for December 8, 2003.
On November 21, 2003, at the final pre-trial conference, both parties moved to continue the trial. The matter was set for a trial setting of February 11, 2004. On January 23, 2004, the Court held a final pre-trial conference and took up the issue of numerous letters it had received from Cooper. On its own motion, the Court ordered Cooper to be sent "to medical for an evaluation." Therefore, the Court continued the trial setting until April 5, 2004.
On March 25, 2004, the Court ordered Cooper to "be transported IMMEDIATELY AND FORTHWITH" to a federal medical facility for full evaluation and treatment. On March 29, 2004, the Court entered a supplemental order explaining his reasons for ordering Cooper to undergo an examination to determine his competency to stand trial.
On May 21, 2004, the Court entered an order, noting that it had been informed that defendant was still in medical and unable to be in court. Thus, the Court reset the trial date for July 12, 2004. On June 15, 2004, the Court entered an order resetting the trial setting of July 12, 2004, until June 28, 2004. On June 24, 2004, following the final pretrial conference, the Court entered an order adopting the evaluation report finding Cooper competent to stand trial. The Court also noted that counsel for the government advised the Court that they were working on setting up a proffer for Cooper, and defense counsel made an oral motion to continue trial and have the case set for a change of plea. The Court noted that defendant filed a written waiver of speedy trial with the Court. Accordingly, the Court set the case for a change of plea hearing on August 18, 2004.
On July 26, 2004, attorney Stegmeyer filed a motion to withdraw as movant's attorney, noting that the attorney-client relationship had broken down irretrievably. Two days later movant filed a pro se motion to substitute counsel. On July 29, 2004, the Court entered an order granting the motion to withdraw and substitute counsel. On August 12, 2004, attorney Matthew Vaughn was appointed to represent movant. On August 17, 2004, movant filed a motion to continue the change of plea hearing socounsel could review discovery and discuss with movant how to proceed. On August 18, 2004, movant filed a pro se motion to withdraw the waiver of speedy trial. On August 24, 2004, the Court granted counsel's motion to continue, resetting the change of plea hearing until September 24, 2004. The next day the Court struck movant's pro se motion to withdraw the speedy trial waiver because movant did not have a right to submit a pro se brief when represented by counsel.
On September 24, 2004, the parties appeared for the change of plea hearing and movant moved to continue the matter because he had only been in this case a short time. The Court granted movant's request and reset the trial setting to November 15, 2004. On November 2, 2004, movant filed a motion to continue the final pretrial conference and trial. On November 5, 2004, the Court granted the motion to continue and reset the trial date until February 7, 2005. On November 24, 2004, movant filed a pro se motion of ineffective assistance of counsel motion against attorney Vaughn contending that Vaughn has continually refused to file motions on his behalf, including a motion for dismissal and a motion to withdraw his speedy trial waiver. He also alleged that he did not consent to Vaughn filing a motion to continue on November 2, 2004, in violation of his speedy trial rights. The Court construed this as a motion for new counsel and set the matter for hearing. On December 17, 2004, the Court heard from Cooper and Vaughn regarding Cooper's pro se motion which the Court construed as a motion for new counsel. The Court advised Cooper that he could represent himself in this matter but Cooper declined, and the Court ordered Vaughn to remain in this case.
On January 4, 2005, a superseding indictment was filed against Cooper. On January 20, 2005, a second superseding indictment was filed. On January 31, 2005, the Court held a final pretrial conference and entered an order noting that Cooper would not waive the thirty-day period required to be given to him after arraignment unless waived or sign anything waiving the thirty day period, and reset the final pretrial conference for March 3, 2005, with a jury trial set for March 21, 2005.
On February 8, 2005, a third superseding indictment was filed charging Cooper with two counts of conspiracy to distribute crack cocaine, three counts of distribution of crack cocaine, possession with intent to distribute crack cocaine, possession with intent to distribute cocaine, and possession of a firearm by a felon. On March 4, 2005, the Court entered an order indicating that Judge Herndon would preside over Cooper's trial on March 21, 2005, because Judge Gilbert had another criminal trial. On March 9, 2005, attorney Vaughn filed a motion to continue, or in the alternative, request for other relief, noting that movant has repeatedly told counsel that movant does not wish for a continuance of the trial and that on multiple occasions, defendant had sought to revoke the waiver of speedy trial he filed on June 24, 2012, but that counsel needed additional time to adequately prepare for trial or alternatively wanted an order directing the Marshall's office to serve amended subpoenas on individuals who were to testify at trial. On March 10, 2012, the Court entered an order finding that because the Court finds "further delay of this trial unnecessary and, in fact, problematic, the Court DENIES Defendant's motion to continue (Doc. 108)." "However, the Court GRANTS Defendant's alternative requestto have amended subpoenas served on individuals to appear at trial." Trial began March 21, 2005.
At trial,1 the evidence established that police sent an informant to make three separate controlled buys of crack from Golden, who ran drugs for Cooper. Golden testified for the government that on all three occasions he used the informant's cell phone to contact Cooper, who then - outside of the informant's view - delivered the drugs. Golden also testified that he acted as the middleman for Cooper in other drug transactions and that Cooper occasionally fronted him drugs, expecting payment only after he resold them. The informant corroborated Golden's account.
Surveillance officers who monitored the controlled buys also testified that they observed Cooper and Golden meet during all three transactions, and that they found the marked money from the third purchase in Cooper's car when they arrested him. Following his arrest, Cooper disclosed after Miranda warnings the numbers assigned to his pager and cell phone; those numbers were dialed from the informant's cell phone during the controlled buys. Officers also executed a search warrant of Cooper's apartment and found roughly 540 grams of crack, 340 grams of powder cocaine, three firearms, and $8,400 in currency. The police overlooked $112,000 in $20 bills that a maintenance man found later.
The government also called nine other witnesses who bought drugs fromCooper, sometimes through middleman. One witness explained that Cooper would usually front him drugs twice a day. He testified that they would split "fifty-fifty" the proceeds from the ensuing drug sales - the witness sold the crack for twice what he agreed to pay the defendant.
The jury found Cooper guilty on all charges but one, acquitting Cooper on one count of conspiracy to distribute cocaine. Following the jury verdict, attorney Vaughn moved to withdraw and privately retrained attorney Christopher Kelly entered his appearance. Cooper was...
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