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Jones v. United States

United States District Court, M.D. Tennessee, Nashville Division

May 31, 2018

KEITH JONES, Petitioner,
v.
UNITED STATES OF AMERICA, Respondent.

          MEMORANDUM

          WILLIAM L. CAMPBELL, JR. UNITED STATES DISTRICT JUDGE

         I. Introduction

         This case has been reassigned to the undersigned Judge.

         Pending before the Court are Petitioner's pro se Motion To Vacate, Set Aside or Correct Sentence Pursuant to 28 U.S.C. § 2255(f)(3) (Doc. No. 1), filed on April 20, 2017; a Supplemental Brief (Doc. No. 13), filed by counsel for Petitioner; the Government's Motion To Dismiss (Doc. No. 17); and Petitioner's Reply To Motion To Dismiss (Doc. No. 18).

         For the reasons set forth below, Petitioner's request for relief under 28 U.S.C. § 2255 (Doc. Nos. 1, 13) is DENIED, the Government's Motion To Dismiss (Doc. No. 17) is GRANTED, and this action is DISMISSED.

         II. Petitioner's Criminal Proceedings

         In the underlying criminal case, Petitioner pled guilty, before former Judge Thomas A. Wiseman, Jr., to three drug trafficking charges. (Doc. Nos. 181, 213, 231 in No. 3:94cr90). At the subsequent sentencing hearing, on June 18, 1996, Judge Wiseman imposed a sentence of 30 years of imprisonment. (Doc. Nos. 231, 232, 234, 235 in No. 3:94cr90). The record indicates that no appeal was filed.

         III. Analysis

         A. Section 2255 Proceedings

         Petitioner has brought this action pursuant to 28 U.S.C. § 2255. Section 2255 provides a statutory mechanism for challenging the imposition of a federal sentence:

A prisoner in custody under sentence of a court established by Act of Congress claiming the right to be released upon the ground that the sentence was imposed in violation of the Constitution or laws of the United States, or that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack, may move the court which imposed the sentence to vacate, set aside or correct the sentence.

28 U.S.C. § 2255(a). In order to obtain relief under Section 2255, a petitioner “‘must demonstrate the existence of an error of constitutional magnitude which had a substantial and injurious effect or influence on the guilty plea or the jury's verdict.'” Humphress v. United States, 398 F.3d 855, 858 (6th Cir. 2005)(quoting Griffin v. United States, 330 F.3d 733, 736 (6th Cir. 2003)).

         If a factual dispute arises in a § 2255 proceeding, the court is to hold an evidentiary hearing to resolve the dispute. Ray v. United States, 721 F.3d 758, 761 (6th Cir. 2013). An evidentiary hearing is not required, however, if the record conclusively shows that the petitioner is not entitled to relief. 28 U.S.C. § 2255(b); Ray, 721 F.3d at 761; Arredondo v. United States, 178 F.3d 778, 782 (6th Cir. 1999). A hearing is also unnecessary “if the petitioner's allegations ‘cannot be accepted as true because they are contradicted by the record, inherently incredible, or conclusions rather than statements of fact.'” Id.

         Having reviewed the record in Petitioner's underlying criminal case, as well as the filings in this case, the Court finds it unnecessary to hold an evidentiary hearing because the records conclusively ...


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