Hudson v. United States

CourtDistrict Court, N.D. Indiana
DecidedJanuary 25, 2022
Docket1:20-cv-00236
StatusUnknown

This text of Hudson v. United States (Hudson v. United States) is published on Counsel Stack Legal Research, covering District Court, N.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hudson v. United States, (N.D. Ind. 2022).

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA FORT WAYNE DIVISION

UNITED STATES OF AMERICA ) ) v. ) Cause No. 1:19-CR-17-HAB ) (1:20-CV-236-HAB) TYSON HUDSON )

OPINION AND ORDER On October 23, 2019, Defendant was sentenced to 90 months’ imprisonment following his plea of guilty to a single charge of Possession of a Firearm by a Felon in violation of 18 U.S.C. § 922(g)(1). (ECF No. 41). No timely appeal followed.1 Defendant then filed his Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (ECF No. 75), followed soon after by an Amended Memorandum of Law in support of his Motion to Vacate. (ECF No. 83). The Government responded (ECF No. 89) to which the Defendant replied. (ECF No. 92). After reviewing the briefing and the procedural history of this case, the Court appointed Hudson counsel for the limited purpose of conducting an evidentiary hearing on Hudson’s claim that he directed counsel to file an appeal. (ECF No. 93). That hearing was held on July 19, 2021, (ECF No. 112) and the parties were permitted time to file post-hearing briefs. (ECF Nos. 116, 119, 121). Because the Court finds that counsel was not ineffective in her representation of the Defendant, the Defendant’s Motion must be denied. B. Underlying Facts Three times in January and February 2019, a confidential informant (CI) with the Fort Wayne Police Department bought heroin from an individual of interest in a FWPD investigation. After each of these transactions, law enforcement followed the suspect back to a residence located

1 As will be noted infra, the Defendant tried to file a belated appeal which was denied by the Seventh Circuit. (ECF No. 56). at 3205 Queen Street in Fort Wayne. A state search warrant was obtained for that residence. The Defendant’s indictment flowed from firearms found during the execution of that search warrant. At the time of the search, the Defendant was present in the home along with a female. Officers located several digital scales and glass mason jars in a bedroom. Some of the mason jars

contained a substance that later field-tested positive for marijuana. The officers also located a partially loaded brown and black SCCY handgun on top of a speaker in the room next to an Indiana identification card bearing the Defendant’s name. Officers also observed a gold-colored pearl grip Colt Government Model semi-automatic handgun in plain view. Another search of the bedroom uncovered more mason jars containing marijuana, more scales, miscellaneous ammunition, gun boxes, and a small faux wood grip handgun. Information identifying the Defendant, such as a 2018 W-2, an insulin pen, and a hospital card with the Defendant’s name on it and the Queen Street address were also in the bedroom. Elsewhere in the home, officers recovered more marijuana, fentanyl, and two cellular phones, one of which corresponded with the telephone number previously used by the CI to arrange drug buys.

Detectives interviewed the Defendant who, after being advised of and waiving his Miranda rights, admitted that he lived at the Queen Street address. The Defendant also admitted leasing the house and confirmed he resided in the house with the FWPD suspect from the controlled buys. The Defendant admitted he was a felon and acknowledged that the three firearms found in the bedroom belonged to him and had been passed to him from his recently deceased grandfather. Defendant was indicted on March 27, 2019, retained counsel Marcia Linsky, and proceeded to promptly plead guilty pursuant to a written plea agreement. While the Defendant’s case was pending, the Supreme Court decided Rehaif v. United States, ––– U.S. –––, 139 S. Ct. 2191, 204 L.Ed.2d 594 (2019). On October 23, 2019, the Defendant appeared for sentencing. At the beginning of Defendant’s sentencing hearing, he signed a post-plea waiver of indictment waiving any challenge under Rehaif. (ECF No. 39). The court examined the Defendant both on his knowledge of his rights under Rehaif, including his right to withdraw his guilty plea, and on the voluntariness of his waiver. The Defendant also acknowledged that he knew he was a felon when

he possessed the firearm. The court accepted the post-plea waiver as it related to any Rehaif or potential Rehaif challenge and imposed sentence of 90 months’ imprisonment followed by two years of supervised release. As is the Court’s customary practice, the Court advised the Defendant of his appellate rights near the end of the sentencing hearing. The Court specifically advised the Defendant that he could appeal his conviction and must file a notice of appeal within 14 days of judgment in his case. He was also advised that if requested, the clerk of the court would file a notice of appeal on his behalf. The Defendant did not make such a request. What occurred next is the subject of some dispute. Defendant alleges several times in his various sworn affidavits that, after the sentencing

hearing, he requested Attorney Linsky to file a notice of appeal on his behalf. (ECF No. 83-1 ¶10; ECF No. 92 ¶1). Defendant has further submitted two letters, one from his mother, Stephanie Hudson, and one from his stepfather, Leslie Sterling, that he contends support his statements that he requested a notice of appeal be filed. (ECF No. 92 at pp. 27–28). Finally, the Defendant alleges that he had Danielle Henry, Laquonda Hatch, Mr. Sterling, Ms. Hudson all contact Attorney Linsky about his appeal. (ECF No. 92 at p. 30, ¶14). For her part, Attorney Linsky does not recall any request from the Defendant to file a notice of appeal, and, as is clear in the record, no timely notice of appeal was filed in the case. The Government has submitted an affidavit from Attorney Linsky (ECF No. 89-2) disputing the Defendant’s statements in his affidavits along with a letter dated October 24, 2019, that Attorney Linsky mailed to the Defendant outlining: (1) the time limit for filing an appeal; (2) the fact that the Defendant waived his appellate rights in his plea agreement; and (3) that, in her opinion, no appealable issues exist. (ECF No. 89-1). The Government provides email communications from

February 4, 2020, between the Defendant and Attorney Linsky. In those email communications, the Defendant writes, “I figured you had gotten wind of my desire to appeal my conviction and assumed you filed such notice with the courts because of the message I left with your secretary. Apparently I was wrong.” (ECF No. 89-4). Ultimately, the Defendant requested an extension of time to file an appeal (ECF No. 44), which this Court denied (ECF No. 45). But the Court directed the Clerk to transmit the belated Notice of Appeal to the Seventh Circuit. Given the disputed evidence in the record on whether Hudson directed Attorney Linsky to file an appeal, the Court granted an evidentiary hearing to assess the credibility of the various witnesses. At that hearing, Attorney Linsky, Hudson, Hudson’s mother, stepfather, and sister all provided testimony. (Hrg. Tr., ECF No. 114). More on this later.

Besides his contentions about the filing of his appeal, the Defendant also asserts that he did not understand the Rehaif decision or knowingly waive his Rehaif rights. He contends, had he been more fully informed, he would have chosen to withdraw his plea of guily. (ECF No. 92 at p. 30– 31, ¶¶s 11, 15, 16). Finally, he asserts that counsel was ineffective for refusing to file certain pretrial motions on his behalf. C. Legal Discussion 1. 28 U.S.C. § 2255 Relief under 28 U.S.C.

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Hudson v. United States, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hudson-v-united-states-innd-2022.