United States District Court, D. Connecticut
RULING AND ORDER ON MOTION TO VACATE, SET ASIDE, OR
CORRECT SENTENCE
Victor
A. Bolden United States District Judge.
Stanley
Aron Cavienss (“Petitioner”), currently
incarcerated at the United States Penitentiary, Lewisburg,
and proceeding pro se, filed a petition for writ of
habeas corpus under 28 U.S.C. § 2255 challenging his
conviction and sentence. Mot. to Vacate, Set Aside, or
Correct Sentence, ECF No. 1 (Nov. 9, 2018).
For the
following reasons, Petitioner's motion is
DENIED.
I.
FACTUAL AND PROCEDURAL BACKGROUND
A.
Indictment [1]
On June
7, 2016, Mr. Cavienss was indicted on charges of conspiracy
to distribute and to possess with intent to distribute 500
grams or more of cocaine (Count One); conspiracy to
distribute and to possess with intent to distribute heroin
(Count Two); and the use, carrying, and possession of a
firearm during and in relation to and in furtherance of a
drug trafficking felony (Count Six). See Indictment,
No. 3:16-cr-00114-6 (VAB), ECF No. 12 (June 7, 2016). Count
One carried a statutory mandatory minimum sentence of five
years' imprisonment and a maximum sentence of 40
years' imprisonment. 18 U.S.C. § 841(b)(1)(B). Count
Two carried a sentence of up to 20 years' imprisonment.
18 U.S.C. § 841(b)(1)(C). Count Six carried a statutory
mandatory minimum of five years' imprisonment, to be
served consecutively to the sentence for any other offense.
See 18 U.S.C. § 924(c)(1)(A), (c)(1)(D)
(providing that the sentence under this section cannot
“run concurrently with any other term of imprisonment
imposed on the person”).
On June
9, 2016, Mr. Cavienss initially entered a plea of not guilty
on all counts. Minute Entry, No. 3:16-cr-00114-6 (VAB), ECF
No. 46 (June 9, 2016).
B.
Guilty Plea and Attempt to Withdraw Guilty Plea
On July
13, 2016, the Court held a change of plea and motion hearing,
where Mr. Cavienss entered a plea of guilty on Counts One and
Two. Minute Entry, No. 3:16-cr-00114-6 (VAB), ECF No. 102
(July 13, 2016). The same day, Mr. Cavienss entered into a
plea agreement with the Government. Plea Agreement, No.
3:16-cr-00114-6 (VAB), ECF No. 103 (July 13, 2016). Appearing
before the Court at this hearing were Mr. Cavienss, his
then-counsel Walter Bansley, and Assistant U.S. Attorney
Anthony Kaplan. See Plea Trans. 1, No.
3:16-cr-00114-6 (VAB), ECF No. 327-4 (June 1, 2017).
On
November 10, 2016, the Court held a hearing in response to
Mr. Cavienss's motion for Mr. Bansley to withdraw as his
counsel, and for Dan LaBelle to replace him. See
Minute Entry, No. 3:16-cr-00114-6 (VAB), ECF No. 143 (Nov.
10, 2016). At this hearing, Mr. Cavienss expressed an
interest in withdrawing his guilty plea.
On
February 14, 2017, Mr. Cavienss filed a motion to continue
the sentencing, in part to “investigate the possibility
of filing a motion to withdraw the guilty plea.”
See Mot. to Continue, No. 3:16-cr-00114-6 (VAB), ECF
No. 207 (Feb. 14, 2017).
On
March 15, 2017, the Court informed Mr. Cavienss that he
should file a motion to withdraw his guilty plea or a related
notice within thirty days of receiving the change of plea
hearing transcript. Docket Entry, No. 3:16-cr-00114-6 (VAB),
ECF No. 238 (Mar. 15, 2017).
On
April 3, 2017, the transcript of the change of plea
proceeding was filed on the docket. Transcript, No.
3:16-cr-00114-6 (VAB), ECF No. 259 (Apr. 3, 2017).
On May
17, 2017, the Court noted that Mr. Cavienss had yet to file
any motion to withdraw his guilty plea or related notice and
ordered that Mr. Cavienss file such a motion by June 2, 2017.
Order, No. 3:16-cr-00114-6 (VAB), ECF No. 320 (May 17, 2017).
On June
1, 2017, Mr. Cavienss filed a motion to withdraw his guilty
plea. Mot. to Withdraw Guilty Plea, No. 3:16-cr-00114-6
(VAB), ECF No. 327 (June 1, 2017).
On July
7, 2017, the Court held a hearing on Mr. Cavienss's
motion to withdraw his guilty plea. Minute Entry, No.
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