Jackson v. United States

282 F. Supp. 3d 533
CourtDistrict Court, N.D. New York
DecidedOctober 13, 2017
Docket1:09–CR–407–DNH–1; 1:16–CV–778; 1:13–CV–930
StatusPublished
Cited by2 cases

This text of 282 F. Supp. 3d 533 (Jackson v. United States) is published on Counsel Stack Legal Research, covering District Court, N.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jackson v. United States, 282 F. Supp. 3d 533 (N.D.N.Y. 2017).

Opinion

DAVID N. HURD, United States District Judge *535I. INTRODUCTION

On June 29, 2016, petitioner-defendant Hosea Jackson ("Jackson" or "petitioner"), proceeding pro se, moved pursuant to 28 U.S.C. § 2255 to vacate, set aside, or correct the sentence imposed on him after a jury convicted him of Hobbs Act robbery and of possessing a firearm in furtherance of a crime of violence.

Among other things, Jackson's filing argued he was entitled to a reduction in his sentence because the Supreme Court's decisions in Johnson v. United States, --- U.S. ----, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015), and Welch v. United States, --- U.S. ----, 136 S.Ct. 1257, 194 L.Ed.2d 387 (2016), rendered unconstitutional the "residual clause" of the definition of a "crime of violence" under the U.S. Sentencing Guidelines.

Because he already been denied § 2255 relief once before, United States v. Jackson, 41 F.Supp.3d 156 (N.D.N.Y. 2014), Jackson requested that consideration of his most recent petition be held in abeyance by this Court while he first sought leave to pursue a successive motion for § 2255 relief from the U.S. Court of Appeals for the Second Circuit.

By mandate issued September 12, 2016, the Second Circuit granted Jackson's request to proceed with a successive § 2255 petition but directed this Court to stay further proceedings until the Supreme Court issued a decision in Beckles v. United States, a case likely to resolve the viability of petitioner's constitutional challenge to the Sentencing Guidelines. See--- U.S. ----, 136 S.Ct. 2510, 195 L.Ed.2d 838 (2016) (granting writ of certiorari).

On March 6, 2017, the Supreme Court issued a decision in Beckles, holding that the U.S. Sentencing Guidelines are not subject to constitutional challenges based on vagueness. Beckles v. United States, --- U.S. ----, 137 S.Ct. 886, 197 L.Ed.2d 145 (2017). Thereafter, respondent United States of America (the "Government") filed a brief in opposition to Jackson's petition. Petitioner has also filed a "supplemental brief." The § 2255 petition is now fully briefed and will be considered on the basis of the submissions without oral argument.

II. DISCUSSION 1

Jackson's § 2255 petition raises three grounds for relief. First, petitioner argues that his conviction was "tainted by perjured testimony given by government witness Andre J. Decker," who has since recanted his version of events in a sworn affidavit. Second, petitioner claims the Government "knowingly presented" this false testimony in an effort to "orchestrate[ ]" his wrongful conviction. Third, petitioner contends that the logic of the Supreme Court's decision in Johnson, which rendered invalid the residual clause of the Armed Career Criminal Act, should be extended to invalidate a portion of the career offender provision of the Sentencing Guidelines.

1. Newly Discovered Evidence

Jackson's first two claims for relief, which are based on Decker's allegedly *536false trial testimony, fail to satisfy the second step in the two-part gatekeeping requirement for second or successive § 2255 petitions and must be dismissed.

As in this case, a second or successive habeas petition must first be certified by a panel of the appropriate court of appeals to contain a prima facie showing that there is either: (1) newly discovered evidence that, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that no reasonable factfinder would have found the movant guilty of the offense; or (2) a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable. 28 U.S.C. § 2255(h)(1)-(2).

However, "[e]ven where the Court of Appeals has authorized the filing of a successive petition, its order authorizing the district court to review the petition does not foreclose the district court's independent review of whether the petition survives dismissal." Ferranti v. United States, 2010 WL 307445 at *10 (E.D.N.Y. Jan. 26, 2010). This is so '[b]ecause a 'prima facie showing' means simply a 'sufficient showing of possible merit to warrant a fuller exploration by the district court[.]' " Id. (quoting Bennett v. United States, 119 F.3d 468, 469 (7th Cir. 1997) ).

In other words, in cases where the court of appeals has authorized the filing of an successive petition that may include a mix of authorized and unauthorized claims, the district court must "examine each claim and dismiss those that are barred under ... § 2255." United States v. Winestock, 340 F.3d 200, 205 (4th Cir. 2003). Indeed, "once the prisoner files his authorized § 2255 motion in the district court, the district court not only can, but must, determine for itself whether those [ § 2255(h) ] requirements are met." In re Moore, 830 F.3d 1268, 1271 (11th Cir. 2016) (citation and internal quotation marks omitted).

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282 F. Supp. 3d 533, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-united-states-nynd-2017.