United States v. Gwyn, CR No.: 3:09-501-JFA
| Decision Date | 23 January 2012 |
| Docket Number | CR No.: 3:09-501-JFA |
| Court | U.S. District Court — District of South Carolina |
| Parties | UNITED STATES OF AMERICA v. MATTHEW BARRINGTON GWYN |
This matter is before the court upon the motion of the defendant, Matthew Barrington Gwyn, for the issuance of a writ of audita querela, pursuant to the All Writs Act, 28 U.S.C. § 1651(a) (2006). In his motion, Gwyn argues that because state misdemeanor charges have been dismissed and because, arguably, these charges (which were then pending at the time), were improperly used to enhance his sentence, he should be sentenced anew. The government has responded and opposes the motion. For the reasons which follow, the court will deny the motion.
Gwyn and four co-defendants were charged with being members of a drug related conspiracy. Eventually, in February 2010, Gwyn entered a guilty plea to the lesser included offense of Count 1 (conspiracy to possess with intent to distribute 5 grams or more of crack cocaine and 500 grams or more of cocaine). He was allowed to continue on bond. While on bond awaiting sentencing, Gwyn was arrested by the South Carolina Highway Patrol for driving under the influence, open container, and hit and run—striking fixtures on the highway. These charges all arose from a traffic accident involving Gwyn wherein he drovehis truck into a ditch and struck a highway fixture. The Trooper who responded to the scene found the truck abandoned with no driver and open containers of beer in plain view inside the vehicle. A witness to the accident advised the Trooper that the driver had tried to move the truck out of the ditch and eventually fled on foot. Another citizen informed law enforcement that a man was seen running from the truck through a backyard which backs up to Gwyn's residence. Troopers eventually located Gwyn at his residence which was approximately 1.2 miles from the scene of the accident. At the time, Gwyn's physical appearance and dress matched the description provided by the witnesses; he had minor cuts on his hand and a cut above his left eye and was very unsteady on his feet and unable to maintain his balance. Moreover, his eyes were red and bloodshot and there was a strong odor of alcohol present. Gwyn refused a Breathalyzer examination. After the state charges were brought, Gwyn was again released on bond for those state charges.
Because of the state law charges, Gwyn's federal bond was revoked and Gwyn was remanded into custody. Gwyn requested a hearing and a bond revocation/forfeiture estreatment hearing was held by this court in August 2010. At this hearing, the government had the arresting officer, a South Carolina Highway Patrol Trooper, present for the hearing, but defense counsel agreed to the basic factual presentation surrounding the state charges so that no testimony was taken. This court found that Gwyn had violated the conditions of his federal bond and ordered the bond estreated in the amount of $1,000.
The following October 2010, Gwyn was sentenced by this court. At the sentencing hearing, Gwyn raised two objections to the Presentence Report (PSR). First, he challenged the probation officer's failure to give him a reduction in his offense level for acceptance of responsibility. He...
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