Edgington v. United States

759 F. Supp. 1239, 1991 U.S. Dist. LEXIS 4628, 1991 WL 45844
CourtDistrict Court, E.D. Texas
DecidedMarch 20, 1991
DocketNos. 1:90-CV-0389, 1:90-CV-390
StatusPublished

This text of 759 F. Supp. 1239 (Edgington v. United States) is published on Counsel Stack Legal Research, covering District Court, E.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Edgington v. United States, 759 F. Supp. 1239, 1991 U.S. Dist. LEXIS 4628, 1991 WL 45844 (E.D. Tex. 1991).

Opinion

MEMORANDUM ORDER

COBB, District Judge.

Movants have each filed motions for stay and requests for stay pending appeal of the judgment denying motions to vacate, set aside [or] correct sentence pursuant to 28 U.S.C. § 2255 (2255).1 Judgment denying [1241]*1241the motions to vacate, set aside, or correct sentence was entered October 4, 1990, by Magistrate Earl Hines. Movants filed their notices of appeal of that judgment to this court on October 12, 1990. Movants filed their briefs in support of that appeal on October 29, 1990.

On November 19,1990, movants reported to the facilities designated by the Bureau of Prisons to begin serving their sentences. Movant Harold Edgington is currently incarcerated at the Federal Prison Camp at Texarkana, Texas. Movant Margie Edg-ington is currently incarcerated at the Federal Prison Camp at Bryan, Texas.

MOTIONS FOR STAY

Movants seek stays of execution of their sentences pending a ruling on their appeals of their 2255 motions. Movants have already begun serving their sentences, but for the sake of completeness, the court will rule on these motions. As grounds for their motions, movants allege: they have raised substantial constitutional claims in their 2255 motions; all of their 2255 claims have not been considered in the appeals process; movants have two children at home, one of whom is a minor; and finally, movants are not dangerous to the public.

The first two grounds, regarding the 2255 claims, are addressed in detail in the part of this order denying the appeal, supra. At this point, the court simply states these grounds are not meritorious. No stay will be granted on these grounds.

The third and fourth grounds, minor child at home and no danger to the public, are also not meritorious. As the magistrate-judge ably discussed in his memorandum opinion of October 4, 1990, the problem of the minor child is not an extraordinary circumstance warranting a stay. Similarly, the fact movants do not pose a danger to the public is not an extraordinary circumstance warranting a stay. It is irrelevant at this point.

Accordingly, the motions for stay of Harold Edgington and Margie Edgington are DENIED.

APPEALS OF DENIALS OF MOTIONS TO VACATE, SET ASIDE, OR CORRECT SENTENCE PURSUANT TO 28 U.S.C. § 2255

Movants have stated fifteen separate grounds for relief in their briefs in support of their appeals. All fifteen grounds were discussed thoroughly by Magistrate-Judge Hines, in his memorandum of October 4, 1990. This court will briefly address those grounds.

1.Denial of Counsel of Choice

Movants sought to have lay counsel represent them at trial. There is no Sixth Amendment right to be represented by counsel who is not admitted to the bar. United States v. Price, 798 F.2d 111 (5th Cir.1986). The Magistrate-Judge properly denied movants’ request for lay counsel. The Magistrate-Judge’s ruling on this ground is AFFIRMED.

2.Improper Discovery

Movants next argue the Internal Revenue Service improperly used civil process to conduct their criminal investigation. The Magistrate-Judge was aware of no authority that such a use of process rendered a subsequent conviction unlawful. Movants have cited no such authority, and this court can find none. The Magistrate-Judge’s decision on this ground is AFFIRMED.

3.Brady Violations

Movants allege the government failed to provide them copies of assorted statutes, regulations, and forms, in violation of the rule set forth in Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). The government has no duty to produce such material; it is in the public domain. The Magistrate-Judge’s opinion is AFFIRMED.

4.Prosecutorial Misconduct

Movants allege the government’s attorney testified before the grand jury. The Magistrate-Judge was not provided a copy of the grand jury minutes, and so denied relief on this ground for lack of evidence. [1242]*1242This court has been provided a copy of those minutes.

At line 18 of page 12 of those minutes, a grand juror asks a question. The witness, Mr. Valenciano, answers. Apparently mov-ants believe this answer was given by the government’s attorney, Mr. Ñaman. After review of the transcript in its entirety, particularly pages 12 to 14, this court concludes the answers to questions on pages 12 to 14 are provided by Mr. Valenciano.

This record does not support a finding of prosecutorial misconduct by testifying. Accordingly, the Magistrate-Judge’s opinion is AFFIRMED.

5.Selective Prosecution

Movants allege they were selectively prosecuted in violation of the Fourteenth Amendment’s equal protection clause. To prevail on such a claim, mov-ants must first show they were singled out for prosecution, while others similarly situated were not prosecuted. Next, movants must show the prosecution is either in bad faith or based upon movants’ status as members of a protected class or other constitutionally impermissible basis. United States v. Greene, 697 F.2d 1229 (5th Cir.1983). No such showing has been made here.

Movants were prosecuted for failing to file income tax returns. They have made no showing that others similarly situated are not prosecuted. It is not necessary for this court to reach the second step of the analysis. The Magistrate-Judge’s opinion is AFFIRMED.

6.Inadequate Notice

Movants allege they were never informed of what they were required to file or which statute required them to file it. They allege this constitutes a violation of the Fourteenth Amendment’s guarantee of due process.

The Magistrate-Judge ably addressed this allegation in his opinion. This court will only say the indictment clearly notified movants of the statute which they were charged with violating, 26 U.S.C. § 703. Movants’ contention this statute is vague, and therefore they could not have known what they were required to file, has no basis in law. See United States v. Pederson, 784 F.2d 1462 (9th Cir.1986); United States v. Parshall, 757 F.2d 211 (8th Cir.1985); United States v. Moore, 692 F.2d 95 (10th Cir.1979); United States v. Eagan, 587 F.2d 338 (6th Cir.1978). The Magistrate-Judge’s opinion is AFFIRMED.

7.Denial of “Common Law Jury”

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Related

Brady v. Maryland
373 U.S. 83 (Supreme Court, 1963)
Strickland v. Washington
466 U.S. 668 (Supreme Court, 1984)
United States v. John P. Eagan
587 F.2d 338 (Sixth Circuit, 1978)
United States v. Jesse M. Moore
692 F.2d 95 (Tenth Circuit, 1979)
United States v. Robert Eugene Parshall
757 F.2d 211 (Eighth Circuit, 1985)
United States v. Jerome David Pederson
784 F.2d 1462 (Ninth Circuit, 1986)
United States v. Arthur Reed Price
798 F.2d 111 (Fifth Circuit, 1986)
United States v. Joseph Woods
870 F.2d 285 (Fifth Circuit, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
759 F. Supp. 1239, 1991 U.S. Dist. LEXIS 4628, 1991 WL 45844, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edgington-v-united-states-txed-1991.