United States v. Martinez, Cv. No. 1:11-1063-JDB/egb
| Decision Date | 31 March 2014 |
| Docket Number | Cv. No. 1:11-1063-JDB/egb,Cr. No. 1:07-10123-JDB-1 |
| Parties | UNITED STATES OF AMERICA, Plaintiff, v. JANET MARTINEZ, Defendant. |
| Court | U.S. District Court — Western District of Tennessee |
UNITED STATES OF AMERICA, Plaintiff,
v.
JANET MARTINEZ, Defendant.
Cv. No. 1:11-1063-JDB/egb
Cr. No. 1:07-10123-JDB-1
UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE EASTERN DIVISION
Dated: March 31, 2014
On March 11, 2011, Defendant, Janet Martinez, Bureau of Prisons registration number 05682-298, an inmate at the Federal Correctional Institution in Danbury, Connecticut, ("FCI") filed a pro se motion under 28 U.S.C. § 2255. (Docket Entry ("D.E.") 1.) On July 24, 2012, the Court directed the United States to respond to the motion to vacate. (D.E. 3.) On October 4, 2012, the United States filed a response and supporting affidavit and on October 29, 2012, Defendant filed a reply to the response. (D.E. 6-8.)
On October 29, 2012, and October 11, 2013, Martinez moved to supplement and amend her motion to vacate. (D.E. 9, D.E. 10.) The motions are GRANTED.
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On November 19, 2007, a federal grand jury returned a nine-count indictment against Janet Martinez and eight codefendants. (Criminal ("Cr.") D.E. 3.) She was charged in Count One, with conspiracy to distribute over 500 grams of methamphetamine, in violation of 21 U.S.C. § 846; in Count Four, with aiding and abetting in the possession of methamphetamine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2; in Count Seven, with aiding and abetting in the possession of methamphetamine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2; and in Count Eight, with aiding and abetting in the possession of over fifty grams of methamphetamine with intent to distribute and distribution, in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. (Id.) The factual basis underlying Defendant's vast criminal conspiracy to distribute methamphetamine is stated in the presentence report ("PSR"):
4. On March 15, 2007, 27th Judicial Drug Task Force ("DTF") Investigators Shawn Palmer and David Crocker went to a home located at 502 South 6th Street, Union City, TN, the residence of a TN State parolee, Paul Bingham, Jr., a/k/a, "Porky" Bingham, and Mr. Bingham's girlfriend, Cammie Armour. Both Mr. Bingham and Ms. Armour were in the residence when case officers arrived and knocked on the front door, which was answered by Mr. Bingham. Cammie Armour was also present in the home at the time. Case investigators advised Mr. Bingham that, pursuant to a condition of his Kentucky parole (supervision by TN Board of Probation & Parole) which allows officers to conduct a search at any time for any reason, they intended to conduct a search of his residence. Mr. Bingham submitted to the residence search without incident. During a
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search of the bedroom shared by Mr. Bingham and Cammie Armour, Investigator Palmer observed a large silver jewelry box on a night stand next to the bed. Upon opening the jewelry box, he found a sandwich bag containing several corner-tied bags of suspected crystal methamphetamine (a/k/a, "meth") and a set of digital scales. At that time, Mr. Bingham was placed under arrest for possession of methamphetamine for resale. Case officers conducted interviews with both Mr. Bingham and Ms. Armour, prior to transporting Mr. Bingham to the Obion County Sheriff's Office. Subsequent TBI Crime Laboratory analyses confirmed that the crystalline substance seized on March 15, 2007, contained methamphetamine. The total net weight of the substance (sans packaging) was 2.8 grams. Both Paul Bingham and Cammie Armour subsequently agreed to cooperate with case agents in the investigation of reported drug trafficking activities by Janet Martinez and other persons.
5. On March 24, 2007, case agents conducted an interview of Heath Johnson. After being advised of his Miranda Rights, Mr. Johnson voluntarily provided information regarding his involvement in and knowledge of methamphetamine activities in and around Obion County, TN. In his statement, Mr. Johnson admitted to getting at least six (6) ounces of crystal methamphetamine from a male subject who lived in Union City with his cousin, co-defendant Rachel Morgan. Mr. Johnson stated that he always bought meth in ounce quantities for $1,400 to $1,700 an ounce. Mr. Johnson stated that his supplier bought methamphetamine from "the Mexicans who own the restaurant behind Wendy's in Union City." The restaurant identified by Mr. Johnson was known to case agents as El Cancun, which was and was known to be operated by members of Janet Martinez' family. Mr. Johnson reported virtually the same information in a subsequent statement given to agents on April 30, 2007.
6. On April 16, 2007, Special Agent Jeff Jackson of the Tennessee Bureau of Investigation (TBI) interviewed Derek Patterson at the Obion County Jail. During that interview, Mr.
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Patterson admitted extensive involvement in the sale of marijuana, as well as crystal methamphetamine, which he referred to as ice. Agent Jackson queried Defendant Patterson as to his dealings with crystal methamphetamine. Mr. Patterson advised that he began selling crystal meth on or about December 1, 2006, and that he had sold between two (2) to four (4) ounces of the drug per week since that time. Mr. Patterson advised that he had likely sold a total of between two (2) and four (4) pounds of meth since December 1, 2006. Mr. Patterson identified his source for the ice as PIO (or PO), a/k/a, Juan Ayon, whom he had met through Carrie Parrish.
7. On April 27, 2007, a cooperating source (CS), working with case agents, made a controlled purchase of what was represented to be one-half (1/2) ounce of ice/crystal methamphetamine from Henry Allen for $800. The purchase took place in the 900 block of High Street in Union City. Subsequent TBI Crime Laboratory analyses confirmed that the crystalline substance purchased from Henry Allen on April 27, 2007, contained methamphetamine with a total purity of 36%. The net weight of the substance was 13.8 grams.
8. On May 2, 2007, Cammie Armour, working at that time as a CS, introduced TBI Special Agent ("SA") Mandy Chestnut, working in an undercover capacity, to Rachel Morgan for the purpose of purchasing crystal methamphetamine. While arranging the deal with Rachel Morgan, Ms. Armour was told to call Janet Martinez at 731-446-2936, to make sure the drugs were being delivered. During that call, Janet Martinez advised Ms. Armour that someone would be dropping the drugs by Rachel Morgan's residence within 10 minutes. Within minutes, SA Jeff Jackson observed a white Chevrolet Avalanche, TN tag #926-PTV, pull up to Ms. Morgan's residence and drop something off at Ms. Morgan's residence, located at 206 East Cheatham Street in Union City. The white Avalanche was determined to be registered to Santiago Martinez-Amezquita. Soon after that delivery, SA Chestnut purchased what was represented to be one (1) ounce of crystal
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meth for $1,700 from Ms. Morgan. Subsequent TBI Crime Laboratory analyses confirmed that the crystalline substance purchased from Rachel Morgan on May 2, 2007, contained methamphetamine with a total purity of 29%. The net weight of the substances was 27.2 grams.
9. On May 10, 2007, Janet Martinez filed a police report, stating that her vehicle, a white Nissan Altima had been stolen. Ms. Martinez named Carrie Parrish as the primary suspect in the theft.
10. On May 11, 2007, case officers observed and photographed Henry Allen's Volvo automobile in front of Janet Martinez' residence on South 6th Street in Union City.
11. On May 14, 2007, SA Mandy Chestnut, working in an undercover capacity, made a second purchase of crystal methamphetamine from Rachel Morgan. Prior to that transaction, arrangements were made, via telephone, for the purchase of two (2) ounces of crystal meth. Per arrangement, SA Chestnut picked up Ms. Morgan at her home on East Cheatham Street in Union City. At Ms. Morgan's direction, SA Chestnut then drove to a park located on North Fifth Street, where the drug transaction took place. The negotiated price for each of two (2) bags of methamphetamine, reported to be one (1) ounce in each, was $1,600. During that meeting, Rachel Morgan talked about her source of methamphetamine, Janet Martinez, advising that Janet resides on 6th Street. She also discussed the number of children Ms. Martinez had. Subsequent TBI Crime Laboratory analyses confirmed that the crystalline substance purchased from Rachel Morgan on May 14, 2007, contained methamphetamine with a total purity of 12%. The net weight of the substance was 52.8 grams.
12. Also on May 14, 2007, a CS worked with case agents in making a controlled purchase of crystal methamphetamine from Derek Patterson. In conducting that operation, SA Ken Rhodes, working in an undercover capacity, and the CS, who had been provided $6,600 in confidential drug funds and equipped with an electronic
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transmitter met Derek Patterson and another white male in the parking lot of a Dyersburg, TN convenience store. Mr. Patterson and SA Rhodes left the parking lot in the CS' vehicle, while the CS entered Mr. Patterson's vehicle with the other subject. Mr. Patterson and SA Rhodes drove to a residence in Dyersburg, Tennessee, where Mr. Patterson sold SA Rhodes approximately...
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