Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Maddox v. United States

United States District Court, D. Connecticut

April 19, 2017

COREY MADDOX, Petitioner,
v.
UNITED STATES OF AMERICA, Respondent.

          RULING RE: MOTION TO VACATE, SET ASIDE OR CORRECT SENTENCE (DOC. NO. 1.)

          JANET C. HALL UNITED STATES DISTRICT JUDGE.

         I. INTRODUCTION

         The petitioner, Corey Maddox (“Maddox”), filed a Motion to Vacate, Set Aside or Correct Sentence (“Mot. to Vacate”) (Doc. No. 1) pursuant to section 2255 of title 28 of the United States Code. Maddox argues that the Supreme Court case, Johnson v. United States, 135 S.Ct. 2551 (2015), makes his sentence unlawful. See Mot. to Vacate at 1. The respondent, the United States (“the Government”) opposes the Motion. See United States' Response (“Response”) (Doc. No. 7). Because Maddox was released from incarceration on November 25, 2016, see Federal Bureau of Prisons Inmate Locator, [1] the question before the court is whether to resentence Maddox, so as to reconsider his sentence to a five-year term of supervised release, see Judgment (Doc. No. 1-1; Case 12-cr-104, Doc. No. 1732) at 1.

         Maddox's Motion to Vacate, Set Aside or Correct Sentence (Doc. No. 1) is denied both because Maddox waived his right to collaterally attack his sentence and also, separately, because there is no merit to Maddox's argument that his sentence was improper.

         II. BACKGROUND

         A grand jury indicted Maddox for one count of conspiracy to distribute, and to possess with intent to distribute, certain controlled substances, in violation of sections 841(a)(1), 841(b)(1)(C), and 846 of title 21 of the United States Code. See Superseding Indictment (Case 12-cr-104, Doc. No. 1073) ¶¶ 1-2, 8. Maddox pled guilty to the charge against him. See Plea Agreement (Doc. No. 7-2; Case 12-cr-104, Doc. No. 1287) at 1. The Plea Agreement states the following:

Assuming a Criminal History Category V, an adjusted offense level of 17 would result in an incarceration range of 46-57 months [under the United States Sentencing Guidelines].
The Government acknowledges that the defendant may qualify as a career offender under U.S.S.G. § 4B1.1 based on his prior felony convictions for Assault in the First Degree and Conspiracy to Sell Narcotics. If the defendant qualifies as a career offender, the defendant's adjusted offense level would increase to 29, and his Guideline incarceration range, based on a Criminal History Category VI, would increase to 151-188 months. Because this career offender range is higher than the range that otherwise would be applicable, the career offender range would be controlling. The defendant reserves his right to contest the application of the career offender enhancement. Based on the unique circumstances of this case, the Government hereby agrees not to seek the application of the career offender enhancement.

See Plea Agreement at 4. The Plea Agreement also contained a section entitled “Waiver of Right to Appeal or Collaterally Attack Sentence.” Id. at 5. This section stated the following:

The defendant acknowledges that under certain circumstances he is entitled to challenge his conviction and sentence. The defendant agrees not to [ ] collaterally attack in any proceeding, including but not limited to a motion under 28 U.S.C. § 2255 [ ], the conviction or sentence imposed by the Court if that sentence does not exceed 55 months of incarceration, a life term of supervised release, and a $1, 000, 000 fine. . . . The defendant acknowledges that he is knowingly and intelligently waiving these rights.

Id. at 5.

         The United States Probation Officer prepared a Presentence Report (Case 12-cr-104, Doc. No. 1663), stating that Maddox was “a Career Offender” under section 4B1.1 of the United States Sentencing Guidelines, and recommending both an offense level enhancement and a criminal history category increase under that section. Presentence Report ¶¶ 27, 42. As a result, the Presentence Report stated that the applicable Guidelines imprisonment range was 151 to 188 months. See id. ¶ 78.

         At the sentencing hearing, the Government stated that it was “not seeking the application of” the career offender “enhancement.” Sentencing Tr. (Doc. No. 7-3; Case 12-cr-104, Doc. No. 2462) at 13. The Government also urged that the court need not resolve the question of whether Maddox was a career offender, as long as the court would (1) “calculate both” the Guidelines range that would apply if Maddox were a career offender and the range that would apply if he were not, (2) “state on the record that it feels a sentence of X number of months is warranted in either scenario, ” (3) “and then say that as a result, the Court doesn't need to resolve the issue of the career offender enhancement.” Id. at 14. The Government explained that the Guidelines supervised release range would not be affected by the application of the career offender enhancement. See id. at 14. The court, Ellen Bree Burns, J., agreed that the Guidelines imprisonment range was either 46 to 57 months, if Maddox was not a career offender; or 151 to 188 months, if Maddox was a career offender. See id. at 14-15.

         The court imposed a sentence of 55 months imprisonment, five years of supervised release, and no fine. See Judgment at 1-2. However, the court, in its Statement of Reasons, “adopt[ed] the presentence investigation report without change, ” finding a total offense level of 29, a criminal history category of VI, and a Guidelines imprisonment range of 151 to 188 months-all calculations consistent with a determination that Maddox was a career offender. Statement of Reasons at 1. The court thus indicated that ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.