Jackson v. United States
Decision Date | 29 April 2019 |
Docket Number | CRIMINAL INDICTMENT NO. 1:15-CR-0159-SCJ-JFK-1,CIVIL FILE NO. 1:19-CV-0187-SCJ-JFK |
Parties | QUINTON JACKSON, Movant, v. UNITED STATES OF AMERICA, Respondent. |
Court | U.S. District Court — Northern District of Georgia |
Movant, Quinton Jackson, proceeding with counsel, has filed a 28 U.S.C. § 2255 motion to vacate, set aside, or correct his federal sentence entered in this Court under the above criminal docket number. The matter is before the Court on the motion to vacate [102], Respondent's response [105], and Movant's reply [106]. For reasons discussed below, Movant's motion to vacate and a certificate of appealability (COA) are due to be denied.
The grand jury for the Northern District of Georgia indicted Movant on one count of being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924(e). (Indictment, ECF No. 1). Movant, represented by Allison C. Dawson, proceeded to trial, at which he was found guilty, and the Court imposed a 262-month term of imprisonment. (J., ECF No. 88). Movant, represented by Mark Yuracheck, appealed, and on November 16, 2017, the Eleventh Circuit Court of Appeals affirmed the judgment against Movant. United States v. Jackson, 713 F. App'x 963, 969 (11th Cir. 2017).
Movant, again represented by Yuracheck, now seeks collateral review and raises two grounds for relief: (1) ineffective assistance of counsel for failing to pursue a motion to suppress based on lack of probable cause to stop Movant for a tag light violation under O.C.G.A. § 40-8-23(d) and failing to object to the Magistrate Judge's finding of probable cause for the stop and (2) ineffective assistance of counsel for failing to object at sentencing to the use of prior convictions to enhance Movant's sentence under Armed Career Criminal Act (ACCA) when the prior convictions had not been seen or heard by the jury or admitted by Movant. (Mot. to Vacate at 5, ECF No. 102).
Section 2255 of Title 28 allows a district court to vacate, set aside, or correct a federal sentence that was imposed in violation of the Constitution or laws of the United States or was imposed by a court without jurisdiction, exceeds the maximum sentence authorized by law, or is otherwise subject to collateral attack. 28 U.S.C. § 2255.Collateral relief, however, is limited. "Once [a] defendant's chance to appeal has been waived or exhausted, . . . we are entitled to presume he stands fairly and finally convicted[.]" United States v. Frady, 456 U.S. 152, 164 (1982). The § 2255 movant bears the burden to establish his right to collateral relief. Rivers v. United States, 777 F.3d 1306, 1316 (11th Cir. 2015).
"Once a matter has been decided adversely to a defendant on direct appeal it cannot be re-litigated in a collateral attack under section 2255." Stoufflet v. United States, 757 F.3d 1236, 1239 (11th Cir. 2014) (quoting United States v. Nyhuis, 211 F.3d 1340, 1343 (11th Cir. 2000)) (internal quotation marks omitted). Section 2255 relief "is reserved for transgressions of constitutional rights and for that narrow compass of other injury that could not have been raised in direct appeal and would, if condoned, result in a complete miscarriage of justice." Lynn v. United States, 365 F.3d 1225, 1232 (11th Cir. 2004) (quoting Richards v. United States, 837 F.2d 965, 966 (11th Cir. 1988)) (internal quotation marks omitted). Thus, a constitutional claim of ineffective assistance of counsel generally is properly raised on collateral review in order to allow for adequate development and presentation of relevant facts. Massaro v. United States, 538 U.S. 500, 505-09 (2003).
"The district court is not required to grant a petitioner an evidentiary hearing if the § 2255 motion 'and the files and records of the case conclusively show that the prisoner is entitled to no relief.'" Rosin v. United States, 786 F.3d 873, 877 (11th Cir. 2015) (quoting § 2255(b)). That is the case here, as shown in the discussion below.
(R. & R. on Mot. to Suppress at 14-15, ECF No. 30). Movant in his objections admitted that he had "violated a traffic ordinance for not having a tag light" and did not object to the above finding. (Objs. at 2, ECF No. 35). The Court subsequently adopted the Report and Recommendation and denied the motion to suppress. (Order of May 10, 2016, ECF No. 44).
Following his conviction, Movant appealed and argued "that the district court erred by denying his motion to suppress because officers did not have probable cause to conduct a traffic stop based on his tag light violation." Jackson, 713 F. App'x at 963. Movant argued that probable cause for a § 40-8-23(d) stop requires officers to observe that the registration plate is not clearly visible and that it is not visible from a distance of fifty feet, relying on State v. Mathis, 338 Ga. App. 86, 789 S.E.2d 336 (2016), and Draper v. Reynolds, 369 F.3d 1270, 1272 (11th Cir. 2004). Opening Br. at 19, Jackson, 713 F. App'x 963, 2017 WL 2255859. Movant asserted that probable cause for a stop was absent because the government showed only that the tags were not clearly legible from a distance of approximately 383 feet (the distance when the stop was initiated, according to Movant) and did not show that the tags were not clearly legible from a distance of fifty feet. Id. at 20-23.
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