I. Procedural and Factual Background Sprague was indicted by the grand jury on May 9, 2006, and charged in a two count indictment with receipt (Count One) and possession (Count Two) of child pornography, [Doc. 1]. Sprague almost immediately filed a motion to suppress evidence seized during the execution of two state search warrants, [Doc. 14]. The government responded to the motion to suppress on June 14, 2006, [Doc. 20]; however, a hearing on the motion to suppress was continued several times by motions of the government and motion of the defendant, [see Docs. 19, 26, 36], and a hearing on the motion to suppress was finally held on October 4, 2006. After the hearing, the Magistrate Judge issued a report and recommendation recommending denial of the defendant'smotion, [Doc. 65]. This Court adopted and approved the report and recommendation on June 6, 2007, [Doc. 98]. On July 10, 2007, the grand jury returned a superseding indictment making only minor changes in the charging dates, [Doc. 104].
On September 10, 2007, the Court orally denied Sprague's motion for a continuance of the trial, [Doc. 109], and Sprague subsequently entered into a negotiated plea agreement with the government, filed with the Court on September 21, 2007, [Doc. 127], in which petitioner agreed to plead guilty to Count One of the indictment. Sprague's plea was accepted by the Court on the same day after a thorough Rule 11 colloquy, [see Doc. 128], and sentencing was scheduled for February 4, 2008. A presentence investigation report ("PSR") was ordered. The PSR was disclosed to the parties on February 25, 2008. Based on a total offense level of 31 and a criminal history category of II, the guidelines range for imprisonment was determined to be 121 to 150 months; however, the defendant was subject to a mandatory minimum term of 180 months imprisonment and the guidelines range became 180 months, [PSR, ¶ 71]. Sprague was sentenced by the Court on June 23, 2008, to a 360 month term of imprisonment and a lifetime term of supervised release, [Doc. 159]. Judgment was entered on June 26, 2008, [Doc. 161]. Sprague's notice of appeal was filed on the same day, [Doc. 162].2 The Sixth Circuit affirmed Sprague's conviction and sentence on March 24, 2010, [Doc. 176], and Sprague filed a petition for writ of certiorari to the Supreme Court on June 22, 2010, [Doc. 178]. The petition was denied by the Supreme Court on October 4, 2010, [Doc. 180], and Sprague timely filed the instant petition pursuant to 28 U.S.C. § 2255 on October 6, 2011, [Doc. 183].3
The petitioner's plea agreement contained the following stipulation of facts:
Defendant Sprague as previously been convicted of sexual exploitation of a minor in the Criminal Court of Loudon County in 1992 and aggravated sexual battery and two counts of sexual exploitation of a minor in state court for Knox County, Tennessee in 1993.
While the late 1990's, the defendant, JIMMY E. SPRAGUE, was living at an apartment located at 1436 Prospect Drive in Kingsport, Tennessee. Starting in the latter half of 2003, SPRAGUE began downloading images which contained depictions of child pornography from the internet and saving these files onto his home computer located at the previously mentioned residence. He continued to receive child pornography until 2005. On August 19, 2005, officers and detectives of the Kingsport Police Department executed a state search warrant at SPRAGUE'S residence. Under this initial search warrant, his computer was seized from the residence located at 1436 Prospect Drive in Kingsport, Tennessee. Based on the information prior to August 19th and the information obtained on August 19th and after, a subsequent search warrant was issued for the computer itself on December 15, 2005. By this point, the Federal Bureau of Investigation had become involved in the investigation of SPRAGUE. A forensic analysis of the computer by the Federal Bureau of Investigation determined that SPRAGUE had saved over 800 images which involved depictions which would meet the definition of child pornography and 18 U.S.C. § 2256(8). The parties agree that these images of child pornography were downloaded from the internet and saved by SPRAGUE for his own personal sexual gratification and that there is no evidence that SPRAGUE was involved in distributing these images to anyone. In addition to the images saved on the computer, there were some images saved on floppy disks at the residence, as well as numerous IP addresses for sites which appeared from their names to contain child pornography seized from SPRAGUE'S residence. Approximately fifteen of the children portrayed in these series of images have been identified by the Federal Bureau of Investigation. In many of the photographs, the children are obviously pre-pubescent and many of the images are of minors involved in sexually explicit conduct, including vaginal and oral penetration. The United States agrees that no images received by the defendant portray sadistic or masochistic conduct or other depiction of violence as defined by the United States Sentencing Guidelines § 2G2.2(b)(4).
[Doc. 127 at ¶ 4]. The PSR contained the following additional statement of facts:
11. On June 24, 2005, the defendant filed a petition with theSullivan County, Tennessee Criminal Court seeking relief from paying the required annual registration fee under the Sexual Offender Registration Act. That matter was designated as docket number C50,582. Defendant Sprague also filed a sworn Uniform Affidavit of Indigency in docket number C50,582 and sought appointment of counsel. On July 27, 2005, the Sullivan County, Tennessee grand jury returned a true bill in docket number S50,338, which involves allegations that the defendant stalked and harassed a 16- year-old female. On August 2, 2005, the defendant filed another sworn Uniform Affidavit of Indigency and sought court-appointed counsel. During the development of docket number S50,338, allegations were made that the defendant may be in violation of the Sex Offender Registration Act and may have perjured himself before a Sullivan County, Tennessee Court. In particular, investigation revealed that the defendant dressed as "Santa Claus" during the Christmas season in 2004 and had sought locations frequented by children. The defendant was observed in public with a short male, to whom, in perpetuation of the "Santa" theme, he referred to as an "Elf." According to staff at Lincoln Elementary School, the defendant acted as "Santa" for children in December of 2004.
12. Due to his prior convictions, the defendant was mandated to register as a violent sexual offender quarterly. This required him to appear at the Kingsport, Tennessee Police Department and respond to specific questions under oath. On registration material, the defendant listed his primary residence as 1436 Prospect Drive, Kingsport, Tennessee, on June 30, 2005. According to the manager and district manager of the apartment complex, the defendant often spent consecutive days away from his residence. The defendant further listed a 1979 Pontiac as his only vehicle. Investigation revealed the defendant had three vehicles, including a 1986 Toyota pickup truck and a 1984 Ford F150 pickup truck.
13. The defendant further reported on his Uniform Affidavit of lndigency in docket number S50,338, that he resides with two daughters, ages 14 and 16. This is in violation of the Sex Offender Registration Act in that the defendant is required to inform law enforcement of any minor residing with him. Based on the above information, Kingsport, Tennessee Police Department obtained a search warrant for the defendant's residence located at 1436 Prospect Drive, Kingsport, Tennessee. During a search of the defendant's residence on August 19,2005, officers located floppy disks (some were labeled pre-teen), compact discs, cameras androlls of film, a Dell computer, Microsoft "Picture It" software, 65 VHS tapes (including adult pornography and children's movies), a bag containing a "Santa Claus" uniform and related items, handwritten notes involving child pornography, children's toys, several bags of candy, business cards with the defendant's name and email address, santainkingsport@yahoo.com. a Sentry safe containing photographs, $39,280.25 in cash, and various other items. Also on August 19, 2005, officers received permission from the defendant to search a storage unit located at Sullivan Mini Storage in Kingsport, Tennessee. According to Kingsport, Tennessee Police Department Detective Melanie Adkins, the storage unit was stacked with nothing but children's items, toys, games, clothes, and dolls for all ages of children.
14. According to Special Agent Sandra Farrow, Federal Bureau of Investigation, analysis of the items seized revealed approximately 800 images of child pornography. These photographs were sent to the National Center for Missing and Exploded [sic] Children for examination of these 800 images, 321 identified known children from 15 different series. This officer reviewed a number of the images seized from the defendant's residence. At least four images portrays sadistic and masochistic conduct. Three of these images are of prepubescent children bound by ropes and chains and one
...
