Jackson v. United States, Case No. 1:15CV00115 SNLJ
| Decision Date | 05 November 2015 |
| Docket Number | Case No. 1:15CV00115 SNLJ |
| Court | U.S. District Court — Eastern District of Missouri |
| Parties | A.C. JACKSON, Petitioner, v. UNITED STATES OF AMERICA, Respondent. |
This matter is before the Court on a motion under 28 U.S.C. § 2255 to vacate, set aside or correct sentence by A. C. Jackson, a person in federal custody. On January 14, 2014, Jackson was found guilty by a jury of the offense of being a felon in possession of a firearm and, on April 10, 2014, this Court sentenced Jackson to the Bureau of Prisons for a term of 210 months, a sentence within the sentencing guideline range. Jackson's § 2255 action, which is based on several allegations of ineffective assistance of counsel, is fully briefed and ripe for disposition.
On July 18, 2013, a Grand Jury in the Eastern District of Missouri, Southeastern Division, returned a two-count Indictment against A. C. Jackson. Count I of the Indictment charged that, at a time unknown to the Grand Jury but including a period from in and around March 28, 2012, to March 28, 2013, Jackson, committed the crime of being a Felon in Possession of a Firearm in violation of Title 18, United States Code, Section 922(g)(1). Count II of the Indictment charged that, on or about March 29, 2013, Jackson committed the crime of being a Felon in Possession of a Firearm in violation of Title 18, United States Code, Section 922(g)(1). A Writ of Habeas Corpus Prosequendum was obtained, requiring Jackson's transfer from state custody to federal custody. On August 6, 2013, Jackson made his initial appearance on the federal charges. After the initial appearance, the Federal Defenders Office was appointed to represent Jackson. Assistant Federal Defender Scott Tilsen filed an entry of appearance on August 8, 2013, notifying the District Court that he would be representing Jackson. Jackson was arraigned on August 8, 2013. At that arraignment, Jackson pled not guilty to the charges.
On August 22, 2013, Jackson's attorney filed two pretrial motions. The first motion was a Motion to Suppress Evidence. The second motion was a Motion to Sever Counts. On August 28, 2013, Jackson's attorney filed a Motion to Suppress Statements. A hearing was held on those pretrial motions on August 30, 2013, before United States Magistrate Judge Lewis M. Blanton. On November 15, 2013, Judge Blanton issued his Report and Recommendations, recommending that Jackson's pretrial motions be denied. On December 9, 2013, Jackson's attorney filed an Objection to the Report and Recommendations. On December 17, 2013, this Court entered its Order adopting the Report and Recommendations and denying Jackson's Motion to Suppress Evidence, Motion to Suppress Statements and Motion to Sever Counts.
On January 14, 2014, a jury trial was held for the charges against Jackson. That trial was completed on the same day, with the jury returning a guilty verdict on both counts in the Indictment. A summary of the evidence against Jackson is set forth in the next section.
On March 28, 2013, Wayne County, Missouri, Deputy Travis Hanger received a call from his dispatcher, informing him that a man wanted to report his firearm being stolen. The dispatcher told Hanger to contact the man at the residence of Bob Elledge in Wappappello, Missouri. (Trial Tr.; DCD 86, p. 24-25) Deputy Hanger drove to that residence and made contact with the man, who turned out to be the defendant, A.C. Jackson. Missouri State Highway Patrol Trooper Kelly Barnett arrived shortly after to assist Deputy Hanger in that contact. (Trial Tr., p. 26)
Deputy Hanger had not met A.C. Jackson before that contact. Jackson and Deputy Hanger went inside the Elledge residence to talk about Jackson's complaint. (Trial Tr., p. 27) Jackson told Hanger that he had purchased a .22 caliber rifle from Bob Elledge for $200. Jackson stated that his nephew, Bobby Joe Jackson, had stolen the rifle. (Trial Tr., p. 27-28) A.C. Jackson wrote a statement for the officer, describing the event:
I paid Bob Elledge $200 for a 22 caliber speedmaster 550. Bobby Joe Jackson stole the gun from Bob Elledge's house on 3-24-13 or 3-25-13. Bob Elledge and Mick Spain saw him take it.
Trial Exhibit 3.
After receiving the statement from A.C. Jackson, Deputy Hanger stepped outside to speak with Trooper Barnett. Barnett informed Hanger that Jackson was a previouslyconvicted felon. (Trial Tr., p. 31-32) Barnett also reported that Jackson had numerous "armed criminal actions" on his criminal history record. (Motion to Suppress Tr.; DCD 38, p. 14) Deputy Hanger decided to try to contact Bobby Joe Jackson to question him about the event. A.C. Jackson had given the officer directions to Bobby Joe's home. (Motion to Suppress Tr., p. 14)
Hanger and Barnett drove toward Bobby Joe Jackson's home, but found him driving a four-wheeler a short distance from Bob Elledge's residence. (Trial Tr., p. 32) Deputy Hanger informed Bobby Joe that A.C. Jackson had accused him of stealing a rifle from Bob Elledge's residence. (Trial Tr., p. 33) Bobby Joe told the officer that he was involved in a dispute with A.C. Jackson over a truck and that he had heard rumors that A.C. Jackson was going to "gut" shoot him. Bobby Joe stated that he was in fear for his life. (Motion to Suppress Tr., p. 15) After learning of this rumor, Bobby Joe went to Bob Elledge's home and told Elledge of the incident. Bobby Joe then told Elledge he would feel more comfortable if Bobby Joe could take the firearm and keep it away from A.C. Jackson. (Motion to Suppress Tr., p. 16) After hearing from Bobby Joe, Elledge agreed to give him the firearm. (Motion to Suppress Tr., p. 17) Bobby Joe told the officers that he would be willing to give the rifle to law enforcement. (Trial Tr., p. 33)
Deputy Hanger spoke further with Bobby Joe about A.C. Jackson's involvement with firearms. Bobby Joe told the deputy that A.C. Jackson had another firearm in his home that was an interchangeable, multi-barreled firearm. That firearm stock would accept three barrels for .22 caliber, .243 caliber and 20 gauge shotgun ammunition. (Motion to Suppress Tr., p. 18) After hearing that information, Deputy Hanger decided toapply for a state search warrant to search A.C. Jackson's residence for the multi-barreled firearm. (Trial Tr., p. 40)
Bobby Joe accompanied the officers to Bobby Joe's home, which was located about three miles from the Elledge home. Bobby Joe told the officers where the firearm was located inside the house. Deputy Hanger went inside and retrieved a .22 caliber Remington, Speedmaster rifle. (Trial Tr., p. 33-35, 65; Exh. 1)
The officers decided to go back to the Elledge residence and make contact with A.C. Jackson. (Trial Tr., p. 37) Deputy Hanger asked Jackson why he bought the rifle. Jackson replied that he bought the rifle to make a profit from it. (Trial Tr., p. 37) Deputy Hanger asked Jackson whether he knew that he was unable to possess a firearm and Jackson responded that he believed that he could buy a firearm and keep it as long as it was not in his possession. (Motion to Suppress Tr., p. 21) When asked, Jackson denied having any other firearms in his home. (Motion to Suppress Tr., p. 22) Deputy Hanger asked Jackson for permission to search his home. Jackson declined, telling the officer that he would have to get a search warrant if he wanted to search Jackson's home. (Motion to Suppress Tr., p. 22)
Deputy Hanger then went outside to speak with Bob Elledge. Like Bobby Joe, Elledge told the officer that Bobby Joe had come to Elledge's home and reported that A.C. Jackson was threatening him. Elledge stated that he gave the firearm to Bobby Joe and that it was not really stolen. Elledge did not originally tell the officer this information because he did not want to say anything in front of A.C. Jackson because he was afraid of Jackson. (Motion to Suppress Tr., p. 23)
After that contact, A.C. Jackson was arrested. (Trial Tr., p. 37-38) After advising Jackson of his Miranda rights, Deputy Hanger asked him for directions to his house. The instructions Jackson provided guided the officer to the home of Bobby Joe Jackson instead. Deputy Hanger did not tell Jackson that he knew Jackson had given him false directions, and transported Jackson to the Wayne County jail. Trooper Barnett drove to A.C. Jackson's home and took a picture of that home for use in the search warrant application. (Motion to Suppress Tr., p. 23-26) Bobby Joe Jackson's residence is approximately 1,000 yards in a straight line from A.C. Jackson's home. (Trial Tr., p. 145)
Deputy Hanger prepared a search warrant affidavit and application, asking for permission to search A.C. Jackson's Wayne County residence for firearms and ammunition. The search warrant affidavit contained the officer's sworn statement of probable cause for the search:
Motion to Suppress Hearing, Exhibit 3, p. 6.
After preparing the affidavit, Deputy Hanger faxed it to the Wayne County prosecuting attorney Robert Ramshur for his review. After reviewing that...
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