United States v. Lee
Decision Date | 26 March 2015 |
Docket Number | Criminal No. 11–022 ESH |
Citation | 84 F.Supp.3d 7 |
Parties | United States, v. Richard Lee, Defendant. |
Court | U.S. District Court — District of Columbia |
H. Heather Shaner, Washington, DC, for Defendant.
Defendant Richard Lee, proceeding pro se, has filed a petition for a writ of error coram nobis pursuant to 28 U.S.C. § 1651(a). (Petition for Writ of Error Coram Nobis, Feb. 25, 2015 [ECF No. 65] (“Pet.”).) For the reasons stated herein, the petition will be denied.
On February 4, 2011, defendant entered a plea of guilty pursuant to a plea agreement before Magistrate Judge Alan Kay to one count of armored car robbery in violation of 18 U.S.C. § 2113(a)(d), and 2, which was accepted by this Court on February 22, 2011. (Order Adopting Report and Recommendation, Feb. 22, 2011 [ECF No. 39].) Defendant's plea agreement advised him that this offense “carries a maximum penalty of 25 years of incarceration, a fine of $ 250,000, and a maximum term of supervised release of five years.” (Plea Agreement, Feb. 4, 2011 [ECF No. 36].) On July 26, 2011, defendant was sentenced to 110 months imprisonment (with credit for time served) to be followed by 48 months of supervised release. (Judgment in a Criminal Case, July 26, 2011 [ECF No. 55].) Defendant noticed an appeal (Notice of Appeal, Aug. 5, 2011 [ECF No. 57] ), but it was subsequently dismissed on defendant's own motion. (Order, Nov. 18, 2011 [ECF No. 63].)
Now, almost four years later, defendant has filed a petition for writ of error coram nobis asking the Court to “expunge[ ] or terminate[ ]” his term of supervised release on the ground imposing a term of supervised release to follow a sentence of imprisonment is an “illegal split sentence” that violates the Double Jeopardy Clause of the United States Constitution. (Pet. at 5.) The Court sought a response from the government (see Minute Order, Feb. 26, 2015), which has now been filed. (See Gov't Opp'n to Pet., Mar. 23, 2015 [ECF No. 68].)
At common law, “[t]he writ of coram nobis was available ... to correct errors of fact ... that affect the validity and regularity of the judgment.” United States v. Morgan, 346 U.S. 502, 507, 74 S.Ct. 247, 98 L.Ed. 248 (1954). “It was allowed without limitation of time” and “was used in both civil and criminal cases.” Id. Although now abolished in civil proceedings, see Fed. R. Civ. P. 60, federal courts retain the authority to grant a writ of error coram nobis in criminal proceedings under the All Writs Act, 28 U.S.C. § 1651(a).1 Morgan, 346 U.S. at 510–11, 74 S.Ct. 247 ( ); United States v. Denedo, 556 U.S. 904, 129 S.Ct. 2213, 2220–21, 173 L.Ed.2d 1235 (2009).
Hansen, 906 F.Supp. at 692–93.
Defendant claims that his term of supervised release should be vacated because it is an “illegal split sentence” imposed without Congressional authorization and in violation of the Constitution's Double Jeopardy Clause. (Pet. at 2.) More specifically, he contends that his term of supervised release is unlawful because 18 U.S.C. § 1853(a), which provides that a court “in imposing a sentence to a term of imprisonment for a felony or a misdemeanor, may include as a part of the sentence a requirement that the defendant be placed on a term of supervised release after imprisonment,” is not a Congressionally-enacted statute but rather an exercise of executive authority. (See Pet. at 2 ()
At a minimum, defendant has failed to show a valid reason for not raising this argument earlier. As none of the material facts or applicable laws have changed since defendant's conviction, he could have raised it in his direct appeal (which he voluntarily dismissed), or in a timely-filed motion pursuant to 28 U.S.C. § 2255.2 Accordingly, the Court rejects defendant's petition on the ground that he has shown no reason why he could not have attacked his conviction earlier on the same grounds.See Hansen, 906 F.Supp. at 692–93.
In addition, defendant has failed to show fundamental error. See Williams (); see also United States v. Addonizio, 442 U.S. 178, 186, 99 S.Ct. 2235, 60 L.Ed.2d 805 (1979) ( ). Indeed, defendant has failed to show any error at all. Defendant asserts that imposition of a term of supervised release constitutes “multiple punishments for the same offense” in violation of the Double Jeopardy Clause.3 See Brown v. Ohio, 432 U.S. 161, 165, 97 S.Ct. 2221, 53 L.Ed.2d 187 (1977). However, the Double Jeopardy Clause's protection against multiple punishments “is designed to ensure that the sentencing discretion of courts is confined to the limits established by the legislature.” Ohio v. Johnson, 467 U.S. 493, 499, 104 S.Ct. 2536, 81 L.Ed.2d 425 (1984). Thus, “[b]ecause the substantive power to prescribe crimes and determine punishments is vested with the legislature, the question under the Double Jeopardy Clause whether punishments are multiple is essentially one of legislative intent.” Id. Here, Congress has expressly authorized federal sentencing courts to impose a term of supervised release as a part of the sentence for a felony or misdemeanor where a term of imprisonment is imposed. See 18 U.S.C. § 3583(a). Accordingly, defendant has not been subjected to multiple punishments in violation of the Double Jeopardy Clause. See Clayton v. Martinez, No. CIV. 06–4047, 2006 WL 858977, at *1–2 (D.S.D. ...
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