United States v. Williams
| Decision Date | 13 April 2020 |
| Docket Number | Case No. 17-CR-60 (SRN/HB) |
| Parties | UNITED STATES OF AMERICA, Plaintiff, v. TRUDALE RAYMOND WILLIAMS (01), Defendant. |
| Court | U.S. District Court — District of Minnesota |
Nathan Hoye Nelson and Andrew S. Dunne, United States Attorney's Office, 300 S. 4th St., Ste. 600, Minneapolis, MN 55415, for Plaintiff.
Trudale Raymond Williams, Reg. No. 15869-041, USP McCreary, P.O. Box 3000, Pine Knot, KY 42635, Pro Se.
This matter is before the Court on Defendant Trudale Raymond Williams' Pro Se Motion to Vacate under 28 U.S.C. § 2255 [Doc. No. 291].1 Based on a review of the file, record and proceedings therein, and for the reasons set forth below, the Court denies his motion.
In February 2017, while Williams was on supervised release from a prior federal conviction, the Government charged him with possession of a firearm and ammunition by a prohibited person, in violation of 18 U.S.C. § 922(g)(1), based on incidents that occurred on November 14, 2016, January 4, 2017, and February 26, 2017. (See Compl. [Doc. No. 1] at 1.) Upon his arrest, the Court appointed Assistant Federal Defender Manvir Atwal to represent Williams. (See Mar. 3, 2017 Minutes [Doc. No. 6].) As the Government notes, Ms. Atwal had been Williams' court-appointed counsel in his prior federal case. (See United States v. Williams, D. Minn., 11-CR-216 (DSD/JJK) [Doc. No. 47].)
In March 2017, a grand jury indicted Williams, his wife, Ophrah Gray, and two others on the charge of "conspiracy—possession of a firearm by a prohibited person." (Indictment [Doc. No. 11], Count 1.) The Indictment alleged that Williams and two of his codefendants were members of a gang known as the Tre Tre Crips, who committed various criminal acts in a conspiracy to obtain firearms. (Id.) In addition to charging Williams with conspiracy, the Indictment charged him with illegally possessing a firearm or ammunition. (Id., Counts 2, 5, 6, 7.) The Indictment included charges concerning the following incidents: (1) Count 2 charged Williams with possession of a Taurus PT111 9 mm gun found during a June 22, 2016 traffic stop; (2) Count 5 charged him with possession of Magtech .44 caliber ammunition found in his bedroom during the execution of a search warrant on November 14, 2016; (3) Count 6 charged him with possession of Hornady 9 mm ammunition found in a recycling bin near Minneapolis City Hall in January 2017; and (4) Count 7 charged Williams withpossessing and aiding and abetting the possession of a Llama 9mm firearm discarded as Williams fled from police on February 26, 2017. (Id.)
Because Williams ultimately pleaded guilty to the conduct charged in Count 2, the Court provides additional information with respect to that count. At the pretrial motions hearing, Minneapolis Police Officer Andrew Schroeder testified about the conduct in question. (See Pretrial Mot. Hr'g Tr. [Doc. No. 140] at 6.) He stated that on June 22, 2016, a confidential informant provided information to the Minneapolis Police Department. (Id. at 7-9.) The informant stated that two men in a gold-colored Chevrolet Impala were in possession of firearms, and that they were from a particular address in North Minneapolis. (Id. at 9-10.) Officer Schroeder stated that the address was a known hangout for the Tre Tre Crips gang, was a "problem property," and the entire block was the frequent subject of 911 calls. (Id.)
Officer Schroeder and his partner went to that area, along with backup officers. (Id. at 12-15.) From officers' vantage points at each end of the alley, they observed a vehicle matching the informant's description enter and exit the alley near the address in question. (Id.) Officer Schroeder saw four occupants in the vehicle. (Id. at 14.) He followed the vehicle, which he observed to be speeding, until it eventually pulled into a driveway, and the driver turned off the engine. (Id. at 15-17.) Because his squad car lights and siren were not activated, Officer Schroeder found the abrupt stop of the vehicle suspicious. (Id. at 16.) After activating his squad car's lights and waiting for backup, officers approached the vehicle. (Id. at 16-17.)
Upon approaching the car, Officer Schroeder saw a woman in the driver's seat, a manin the front passenger seat, later identified as codefendant Mario Powers, and a man and a woman in the backseat. (Id. at 18.) Based on Schroeder's past work experience in the Anoka County Jail, he recognized Williams—a former inmate of the jail on gun-related charges—as the male backseat passenger. (Id.) Schroeder also knew that Williams was affiliated with the Tre Tre Crips gang, and was a felon who was prohibited from possessing firearms. (Id. at 18-19.) Schroeder later learned that the female backseat passenger was Williams' wife and codefendant, Ophrah Gray. (Id. at 19.)
Officers searched the vehicle, finding a Smith & Wesson gun with an additional magazine in the glove box, and a Taurus PT111 gun in a purse in the backseat, along with a prescription bottle containing ammunition. (Id. at 21; PSR [Doc. No. 210] ¶ 15.) Ms. Gray claimed to be the permit-holding owner of the guns, although she did not have a permit to carry with her. (Pretrial Mot. Hr'g Tr. at 22.)
Following DNA testing on the weapons, Gray and Williams could not be excluded as contributors to the DNA mixture found on the Taurus firearm. (PSR ¶ 15.) Gray had purchased it 12 days earlier, and ballistics testing showed that it had been used in two shootings in that time period. (Id. ¶¶ 14-15.) Witnesses to one of the shootings told police that the shooting was committed by "two males." (Id. ¶ 14.)
In April 2017, a grand jury returned a Superseding Indictment [Doc. No. 41] against Williams and his codefendants, adding an additional defendant. (Superseding Indictment at 1.)
In May 2017, Ms. Atwal filed several pretrial motions on Williams' behalf. (See Def.'s Pretrial Mots. [Doc. Nos. 119-25].) As noted, at the pretrial motions hearing, OfficerSchroeder testified about the June 22, 2016 traffic stop, and the Government offered the November 14, 2016 search warrant for Williams' residence into evidence. (See Pretrial Mot. Hr'g Tr. at 6-30; See Notice of Exs. [Doc. No. 129], Gov't Ex. 12 (Nash Rd. Search Warrant).)
While the pretrial motions were pending, Defendant and the Government entered into a plea agreement (the "Plea Agreement") on August 9, 2017. (Plea Agmt. [Doc. No. 169].) Williams agreed to plead guilty to Count 2 of the Superseding Indictment, in exchange for the Government moving to dismiss the charges in Counts 1, 5, 6, and 7, and agreeing not to file an additional charge against Williams or seek a sentencing enhancement pursuant to 18 U.S.C. § 521 based on information in the Government's possession. (Id. ¶ 1.) Also in the Plea Agreement, Williams agreed that if the matter were to proceed to trial, the Government would prove the following facts beyond a reasonable doubt:
On June 22, 2016, in the State and District of Minnesota, the defendant knowingly possessed a Taurus model PT111 G2 9mm caliber semi-automatic pistol, serial number TJN08945. In particular, defendant possessed the firearm while in a vehicle in Minneapolis, Minnesota. The Taurus firearm was manufactured outside of the State of Minnesota, and necessarily traveled in or affected interstate commerce to have been in the defendant's possession on June 22, 2016.
(Id.¶ 2.) Williams further admitted to his prior felony convictions. (Id.)
In addition, he acknowledged that he understood that his attorney had filed pretrial motions on his behalf. (Id. ¶ 3.) As a result of his agreement with the Government, however, and based on the Government's concessions, he agreed that he knowingly, willingly, andvoluntarily withdrew those motions and gave up any right to a ruling on the motions. (Id.) The Plea Agreement further addressed other subjects, including the statutory penalties for Count 2, the Sentencing Guideline calculations, and the Court's authority to determine the appropriate sentence, irrespective of the parties' agreement. (Id. ¶¶ 4, 6-7.)
At the hearing on Williams' change of plea, Williams testified under oath that he was able to think clearly, and had no difficulty understanding the Court's questions. (Plea Hr'g Tr. [Doc. No. 269] at 4-5.) Further, he stated that he had discussed the Government's charges with Ms. Atwal, and told her everything that he wanted her to know. (Id. at 5.) Williams also testified that he had read the Superseding Indictment and discussed it with counsel. (Id. at 9.) He further stated that he was satisfied with Ms. Atwal's legal representation. (Id. at 5.) Moreover, Williams specifically stated that he understood the charge in Count 2, concerning the June 22, 2016 incident with the Taurus pistol. (Id. at 9-10.) Ms. Atwal likewise stated that she believed Williams understood the charges against him, the range of possible punishments, and that he was competent to enter a guilty plea. (Id. at 5.)
In addition, the Court identified the legal rights that Williams would be giving up by agreeing to plead guilty, including the right to: (1) a speedy trial, at which he would be presumed innocent and could challenge the Government's evidence against him; and (2) the right to bring pretrial motions, including motions alleging a violation of his constitutional rights by law enforcement officers. (Id. at 5-8.) Williams testified that he understood all of the rights that he would be relinquishing by pleading guilty. (Id.)
At the hearing, the Court verified William's intention to plead guilty to Count 2, and discussed the elements of proof that the Government would be required to prove in order forhim to be convicted, if he proceeded to trial. (Id. at 9-10.) Counsel for the Government also addressed all of the terms of the Plea Agreement with Williams, who stated that he understood them. (Id. at...
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