Davis v. United States
| Decision Date | 15 January 2021 |
| Docket Number | 5:20-cv-00038-KDB,5:16-cr-00065-KDB-DCK-1 |
| Parties | JOSEPH HOWARD DAVIS, Petitioner, v. UNITED STATES OF AMERICA, Respondent. |
| Court | U.S. District Court — Western District of North Carolina |
THIS MATTER is before the Court on Petitioner's Pro Se Motion to Vacate, Set Aside or Correct Sentence under 28 U.S.C. § 2255 [CV Doc. 1],1 Petitioner's Pro Se "Motion Requesting Mercy" [CV Doc. 3], the Government's Motion to Dismiss [CV Doc. 6], Petitioner's Pro Se Motion for Discovery [CV Doc. 7], and Petitioner's "Motion to Amend Petitioner's 2255 & Breif [sic] in Support of Petitioner's 2255" ("Motion to Amend") [CV Doc. 8].
In August 2016, law enforcement officers investigating methamphetamine trafficking in Charlotte, North Carolina, identified Joseph Howard Davis ("Petitioner") as a suspect after Roderick Roberts, who had earlier been incarcerated with Petitioner and to whom Petitioner had sold methamphetamine, was arrested.2 [CR Doc. 121 at 24, 28, 31-32, 137-38: Trial Tr.]. Roberts and his girlfriend, Tangie Carroll, who also bought methamphetamine from Petitioner, agreed to cooperate with investigators. [Id. at 31, 33, 121, 125-29, 131]. Carroll was already in custody for facilitating large-scale methamphetamine transactions with her supplier, Reggie Shaw. [Id. at 31, 123, 131]. Petitioner met Shaw while both were in prison and sold methamphetamine to Carroll and Roberts when Shaw was out of town. [Id. at 125-29, 138-39, 149]. Investigators conducted a controlled purchase of methamphetamine from Shaw and seized 26 pounds of methamphetamine from him. [Id. at 34-35, 148].
After Shaw was arrested and began cooperating with investigators, investigators learned that S.M. was involved in the distribution of methamphetamine and heroin in the Catawba County area of western North Carolina. [CR Doc. 121 at 36, 167]. S.M. reported that Petitioner was one of her sources of supply. [Id. at 36-37, 81-82]. Because investigators had already identified Petitioner as a suspect, they decided to "establish [S.M.'s] credibility" and then use her to make a controlled purchase of methamphetamine from Petitioner. [Id. at 34, 37, 82].
Working with investigators, S.M. set up a controlled buy for two ounces of methamphetamine, using a series of phone calls and text messages to two different cell phones used by Petitioner. [Id. at 37, 86-88]. On September 28, 2016, S.M., accompanied by another individual, met with Petitioner to conduct the transaction. [Id. at 37; CR Doc. 118 at ¶ 6: Presentence Investigation Report (PSR)]. Investigators searched S.M. and her companion before S.M. met with Petitioner and conducted "[c]onstant surveillance" throughout S.M.'s meeting with Petitioner. [Id. at 37]. S.M. used official government funds to buy what was believed to be two ounces of methamphetamine from Petitioner. [Id. at 37-38]. The substance was later learned to be rock salt, not a controlled substance. [Id. at 37, 82-83, 106].
Thereafter, S.M. sent Petitioner "a series of ... text messages ... complaining of [Petitioner's] ripping her off," and Petitioner agreed to "another transaction for two ounces" a couple weeks later. [Id. at 37-38, 83-84, 104]. On October 11, 2016, S.M. texted Petitioner, stating, [Id. at 88]. S.M. and Petitioner then spoke on the phone regarding a price for the transaction. [Id. at 86, 93-94]. This phone call was recorded while S.M. and investigators, including Jeff Jenkins, an investigator in the Vice and Narcotics Unit in the Hickory Police Department and sworn Homeland Security Investigations task force officer, were at Jenkin's Hickory, North Carolina, office. [Id. at 49, 80-81, 93-94]. Soon after, more text messages were exchanged in which Petitioner and S.M. negotiated the price for two ounces of "clear," or crystal methamphetamine, and settling on a price of $1,750, Petitioner texted S.M. to "meet at the mailbox." [Id. at 90-92]. Petitioner responded that he was bringing "good shit."3 [Id. at 93]. William Greene, S.M.'s boyfriend, drove S.M. and Duane Barnes,4 acting undercover, in Green's truck to the apartment complex where Petitioner lived, meeting Petitioner there. [Id. at 38, 84-85, 112-13, 170]. S.M. got into Petitioner's car and, after talking with Petitioner for a few minutes, returned to the truck and turned over almost 54 grams of nearly pure methamphetamine to Barnes. [Id. at 40, 57-58, 75-76, 85, 113-15]. During the transaction in the truck, Barnes witnessed Petitioner hold up the bag of methamphetamine and what appeared to be placing the drugs on a scale in his vehicle. [Id. at 113-15].
Eight days after Petitioner's transaction with S.M., law enforcement officers searched Petitioner's apartment pursuant to a search warrant. [CR Doc. 121 at 43]. Investigators, including Homeland Security Special Agent Joe Barringer, encountered Petitioner at a storage facility near Petitioner's residence before the search was conducted. [Id. at 19, 43-44]. Petitioner agreed to cooperate after learning of the investigation. [Id.]. Petitioner told investigators that he had two .22 caliber rifles in his apartment and some drug paraphernalia. [Id. at 44, 47]. Petitioner walked with investigators into his bedroom and bathroom, where the investigators found the two rifles, used and unused needles, and digital scales. [Id. at 44, 46]. After the search of Petitioner's apartment, Petitioner, in his own vehicle, followed investigators to Barringer's office for an interview. [Id. at 48-49].
Barringer and other task force officers conducted the interview. Petitioner reported that he was incarcerated from 2007 to 2014 on a conviction for heroin trafficking. [Doc. 80-1 at 2]. During the interview, Petitioner reported that he became close friends with Shaw while the two were incarcerated together. [Id. at 2]. Petitioner also reported that Roberts was incarcerated with him but that they were not friends. [Doc. 121 at 51; Doc. 80-1 at 2]. Petitioner told investigators that, after he was released from prison, he needed extra money, so he began buying small amounts of methamphetamine from Shaw to sell. [Id. at 177-78]. Shortly thereafter, and at Shaw's request, Petitioner began filling Shaw's customers' orders while Shaw was out of town, which occurred about once a month. [Id. at 53, 80]. On at least two occasions when Shaw was out of town and on Shaw's direction, Petitioner sold Carroll between 15 and 16 ounces of methamphetamine. [Id. at 53, 55]. After Carroll was arrested and while Roberts was out of town, Petitioner met with Shaw and sold him methamphetamine on Shaw's behalf. [Id. at 56]. Petitioner told investigators that he did not know the exact amounts he was supplying to Shaw's customers because Shaw prepackaged the drugs. [Id. at 55; Doc. 80-1 at 3].
Initially, Petitioner denied having sold methamphetamine to S.M. [CR Doc. 121 at 52]. When investigators told Petitioner that they had used S.M. to buy two ounces of methamphetamine from Petitioner on two occasions, Petitioner acknowledged that he sold S.M. two ounces of rock salt on the first occasion and that he got the two ounces of real methamphetamine in the second transaction from someone Petitioner knew as "Slim." [Id. at 56-57; Doc. 80-1 at 4]. When asked about the rifles, Petitioner told investigators that Greene gave him the rifles in exchange for a drug debt because Petitioner sold to Greene when Greene did not have any cash. [Id. at 56; Doc. 80-1 at 3; see also Doc. 121 at 164-65, 171-72].
On April 18, 2017, Petitioner was charged in a Superseding Bill of Indictment with one count of methamphetamine trafficking conspiracy in violation of 21 U.S.C. §§ 841(a)(1) and 846, with 50 grams of actual methamphetamine and 500 grams or more of a mixture and substance containing a detectable amount of methamphetamine foreseeable to Petitioner under 21 U.S.C. § 841(b)(1)(A) (Count One); one count of possession of a firearm in furtherance of drug trafficking, as charged in Count One, in violation of 18 U.S.C. § 924(c) (Count Two); one count of distribution of and possession with intent to distribute methamphetamine in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2, involving 50 grams or more of actual methamphetamine foreseeable to Petitioner under 21 U.S.C. § 841(b)(1)(A) (Count Three); and one count of possession of a firearm by a felon in violation of 18 U.S.C. § 922(g)(1) (Count Four). [CR Doc. 58: Superseding Indictment]. The Government filed an Information in accordance with 21 U.S.C. § 851, notifying Petitioner that it intended to seek enhanced penalty for Petitioner's drug trafficking offense because Petitioner had previously been convicted of a felony drug offense. [CR Doc. 25]. The Court appointed attorney Emily Jones from the Federal Public Defender's Office to represent Petitioner. [10/28/2016 Docket Entry].
A month later, Jones filed a motion for inquiry of counsel, citing Petitioner's request for new counsel and a breakdown in communication. [CR Doc. 23]. During the hearing on this motion, Jones noted that she and Petitioner "see the evidence against him in a different way" and had "significantly different perceptions of the law that applies to his case." [CR Doc. 142 at 5: Hearing Tr.]. Petitioner stated that he been offered a plea, but that he "refused to take" it because he wanted to pursue his case. [Id. at 6]. The Court advised Petitioner that his "difficult circumstances" would remain despite a change in counsel but granted the motion for new counsel. [Id. at 10-11].
S. Frederick Winiker, III, was then appointed to represent Petitioner. [12/5/2016 Docket Entry]. By the end of January 2017, Winiker filed a motion for inquiry of counsel. [CR Doc. 36]. Winiker noted that Petitioner had expressed an interest in proceeding pro se and had filed several pro se motions. [Id. at 1]. Winiker also noted that the Government had...
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