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Stewart v. United States

United States District Court, W.D. Tennessee, Western Division

March 7, 2017

NARRINO STEWART, Petitioner,
v.
UNITED STATES OF AMERICA, Respondent.

          ORDER DISMISSING § 2255 MOTION, DENYING MISCELLANEOUS MOTIONS, DENYING CERTIFICATE OF APPEALABILITY, AND DENYING LEAVE TO APPEAL IN FORMA PAUPERIS

          S. THOMAS ANDERSON UNITED STATES DISTRICT JUDGE

         Narrino Stewart, has filed a motion under 28 U.S.C. § 2255 asking the Court to set aside, correct, or vacate his sentence (“petition”). (ECF No. 1.) Before the Court is the § 2255 petition, Petitioner's motion to supplement the petition, and numerous other motions filed by Petitioner. For the reasons that follow, the petition is DISMISSED and the motions are DENIED.[1]

         Stewart's Criminal Case and § 2255 Petition

         On February 19, 2008, Stewart was charged in a six-count indictment with (1) carjacking in violation of 18 U.S.C. § 2119; (2) possession of a firearm during and in relation to a crime of violence in violation of 18 U.S.C. § 924(c); (3) being a convicted felon in possession of a firearm in violation of 18 U.S.C. § 922(g); (4) being in possession of a stolen firearm in violation of 18 U.S.C. § 922(j); (5) carjacking in violation of 18 U.S.C. § 2119; and (6) possession of a firearm during and in relation to a crime of violence in violation of 18 U.S.C. § 924(c). (United States v. Stewart, 08-cr-20052 (hereinafter “Cr. Case”), ECF No. 2.) On March 17, 2009, Petitioner entered a guilty plea to Counts 1, 3, 4, 5, 6 pursuant to a plea agreement, with an agreed upon sentence of 360 months of imprisonment. (Cr. Case, ECF Nos. 39 and 40.) As a condition of the plea, the defendant agreed to waive his right to appeal his sentence so long as the sentence was within the statutory maximum specified. (Cr. Case, ECF No. 21.) On July 29, 2009, the Court accepted the parties' recommendation and sentenced Stewart to a term of 360 months of incarceration. (Cr. Case, ECF Nos. 47 and 48.) The final judgment of conviction was entered on August 6, 2009. (Cr. Case, ECF No. 48.) Petitioner did not file a notice of appeal.

         On November 15, 2013, Stewart filed his pro se § 2255 petition, in which he raises the following claims:

. Trial counsel was ineffective in promising that if Stewart pled guilty to a violation of receiving stolen firearms and carjacking, the remaining counts would be dismissed and he “would receive no more than (15) fifteen years”;
. Trial counsel was ineffective by failing to challenge similar counts of the indictment under a theory of double jeopardy; and
. Petitioner's sentence violates the Sixth Circuit's holding in United States v. Washington, 714 F.3d 962 (6th Cir. 2013).

(ECF No. 1 at 4, 10.)

         Petitioner subsequently filed his “Motion Seeking Leave to Supplement” the petition to add the following claims:

. Stewart “is actually innocent of count three of his indictment, as count three fails to charge an offense under any subsection of § 922(g).”
. Counsel was ineffective by failing to properly explain the “charging offense under § 922(g), ” and had counsel “discussed the non-existent offense with” Stewart, he “would have opted to file a motion to dismiss the indictment rather than pleading guilty.”

(ECF No. 11 at 1-3.)[2]

         The Government argues that the petition should be dismissed and the motion to supplement the petition should be denied because the claims are untimely. (ECF Nos. 3 and 19.) Petitioner does not dispute that he brought his claims beyond the period ...


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