Lansdowne v. Wilson

897 F. Supp. 2d 404, 2012 WL 4754561, 2012 U.S. Dist. LEXIS 144021
CourtDistrict Court, E.D. Virginia
DecidedOctober 3, 2012
DocketNo. 1:12cv968 (TSE/IDD)
StatusPublished

This text of 897 F. Supp. 2d 404 (Lansdowne v. Wilson) is published on Counsel Stack Legal Research, covering District Court, E.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lansdowne v. Wilson, 897 F. Supp. 2d 404, 2012 WL 4754561, 2012 U.S. Dist. LEXIS 144021 (E.D. Va. 2012).

Opinion

MEMORANDUM OPINION

T.S. ELLIS, III, District Judge.

Ryan O’Neil Lansdowne, a federal inmate housed in the Eastern District of Virginia and proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, seeking vacation of his designation as a career criminal and resentencing for his conviction of conspiracy to distribute 50 grams or more of cocaine base in United States v. Lansdowne, Case No. 1:00cr185 (TSE). Petitioner has neither paid the statutory filing fee for this action nor applied to proceed in forma pauperis. For the reasons that follow, this petition must be dismissed without prejudice.

I.

According to the allegations in petitioner’s Memorandum of Law (Docket # 2), a ten-count indictment was returned in United States District Court for the Eastern District of Virginia on May 24, 2000, charging petitioner with drug offenses. On August 3, 2000, petitioner entered a negotiated plea of guilty to Count One of the indictment, which charged him with engaging in a conspiracy to distribute 50 grams or more of cocaine base, in violation of 21 U.S.C. § 841(a)(1) and § 846. On October 20, 2000, petitioner was designated as a career criminal pursuant to U.S.S.G. § 4B1.1, and was sentenced to serve 292 months in prison, followed by ten (10) years of supervised release.

On March 9, 2009, petitioner, through counsel, moved for reduction of his sentence pursuant to 18 U.S.C. § 3582 on the ground that the United States Sentencing Commission had amended U.S.S.G. § 2D1.1 to lower the offense levels for crack cocaine and that the amendment was retroactive to March 3, 2008. On April 9, 2009, petitioner’s motion was granted and his sentence reduced to 262 months. That decision was affirmed on appeal. United States v. Lansdowne, 349 Fed.Appx. 862 (4th Cir.2009).

Thereafter, on January 12, 2011, petitioner submitted a Motion for Retroactive Application of Sentencing Guidelines to Crack Cocaine Offense, arguing that he was entitled to a further sentence reduction. On January 28, 2011, he also filed a motion to vacate pursuant to 28 U.S.C. § 2255, arguing that counsel had rendered ineffective assistance in the first § 3582 proceeding by failing to seek a further reduction in sentence. Both motions were denied. United States v. Lansdowne, et al., 1:00cr185 (E.D.Va. Aug. 4, 2011)(Order). In an unpublished opinion issued March 20, 2012, the Fourth Circuit affirmed the denial of the motion for reduction of sentence, and dismissed the appeal as it pertained to the § 2255 motion, holding that petitioner had not made the requisite showing for a certificate of appealability. United States v. Lansdowne, 469 Fed.Appx. 234 (4th Cir.2012).

Petitioner filed the instant § 2241 petition on August 29, 2012, arguing that based on the decisions in Carachuri-Rosendo v. Holder,— U.S.-, 130 S.Ct. 2577, 177 L.Ed.2d 68 (2010) and United States v. Simmons, 649 F.3d 237 (4th Cir.2011), his June 19, 1997 Prince William County conviction — which was one of the predicate offenses relied on to designate him as a career criminal under U.S.S.G. § 4B1.1 — no longer qualifies as a valid predicate offense for that status, and hence he claims he is actually innocent of the career criminal designation. Because relief pursuant to 28 U.S.C. § 2255 is unavailable to him at this juncture, petitioner [406]*406seeks a writ of habeas corpus pursuant to § 2241 vacating his current sentence and requiring that he be resentenced without the career criminal enhancement.

II.

As the Fourth Circuit has noted, “it is well established that defendants convicted in federal court are obliged to seek habeas relief from their conviction and sentences through § 2255.” Rice v. Rivera, 617 F.3d 802, 807 (4th Cir.2010). Specifically, the Fourth Circuit has held that challenges to career criminal designations under U.S.S.G. § 4B1.1 must generally proceed under § 2255. United States v. Poole, 531 F.3d 263, 267 (4th Cir.2008) (holding that relief on a claim of unlawful sentencing as a career criminal was unavailable pursuant to the § 2255 savings clause). Nor can § 2241 be used as a substitute for § 2255 to challenge career criminal designations. Instead, actions pursuant to § 2241 are generally reserved for claims concerning the execution of a sentence. See In re Vial, 115 F.3d 1192, 1194 n. 5 (4th Cir.1997) (noting that “attacks on the execution of sentence are properly raised in a § 2241 petition.”). There is, however, an exception. As the Fifth Circuit has stated, “[section] 2241 may be utilized by a federal prisoner to challenge the legality of his or her conviction or sentence if he or she can satisfy the mandates of the so-called § 2255 ‘savings clause.’ ” Reyes-Requena v. United States, 243 F.3d 893, 901 (5th Cir.2001). The savings clause states:

An application for a writ of habeas corpus in behalf of a prisoner who is authorized to apply for relief by motion pursuant to this section, shall not be entertained if it appears that the applicant has failed to apply for relief, by motion, to the court which sentenced him, or that such court has denied him relief, unless it also appears that the remedy by motion is inadequate or ineffective to test the legality of his detention.

28 U.S.C. § 2255(e).

The Fourth Circuit has announced a three-part test to determine whether a petition challenging the lawfulness of a conviction or sentence can be brought under § 2241:

Section 2255 is inadequate and ineffective to test the legality of a conviction when: (1) at the time of the conviction, settled law of this circuit or the Supreme Court established the legality of the conviction; (2) subsequent to the prisoner’s direct appeal and first § 2255 motion, the substantive law changed such that the conduct of which the prisoner was convicted is deemed not to be criminal; and (3) the prisoner cannot satisfy the gatekeeping provisions of § 2255 because the new rule is not one of constitutional law.

In re Jones, 226 F.3d 328, 333-34 (4th Cir.2000).

Significantly, and contrary to petitioner’s argument, “the remedy afforded by § 2255 is not rendered inadequate or ineffective merely because an individual has been unable to obtain relief under that provision, or because an individual is procedurally barred from filing a § 2255 motion.” Vial, 115 F.3d at 1194 n. 5 (internal citations omitted). Rather, it is rendered inadequate only when a petitioner can satisfy the three criteria set out in Jones.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Carachuri-Rosendo v. Holder
560 U.S. 563 (Supreme Court, 2010)
United States v. Pettiford
612 F.3d 270 (Fourth Circuit, 2010)
Rice v. Rivera
617 F.3d 802 (Fourth Circuit, 2010)
United States v. Simmons
649 F.3d 237 (Fourth Circuit, 2011)
United States v. Ryan Lansdowne
469 F. App'x 234 (Fourth Circuit, 2012)
In Re Avery W. Vial, Movant
115 F.3d 1192 (Fourth Circuit, 1997)
Jose Evaristo Reyes-Requena v. United States
243 F.3d 893 (Fifth Circuit, 2001)
United States v. Troy Powell
691 F.3d 554 (Fourth Circuit, 2012)
United States v. Poole
531 F.3d 263 (Fourth Circuit, 2008)
United States v. Lansdowne
349 F. App'x 862 (Fourth Circuit, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
897 F. Supp. 2d 404, 2012 WL 4754561, 2012 U.S. Dist. LEXIS 144021, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lansdowne-v-wilson-vaed-2012.