Rankins v. United States

366 F. Supp. 3d 634
CourtDistrict Court, S.D. Illinois
DecidedMarch 11, 2019
Docket9-CV-2181 (KMW); 1-CR-245 (KMW)
StatusPublished

This text of 366 F. Supp. 3d 634 (Rankins v. United States) is published on Counsel Stack Legal Research, covering District Court, S.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rankins v. United States, 366 F. Supp. 3d 634 (S.D. Ill. 2019).

Opinion

KIMBA M. WOOD, United States District Judge

Petitioner in this action, David Rankins ("Rankins"), moves for reconsideration of this Court's denial of his petition for a writ of habeas corpus, filed pursuant to 28 U.S.C. § 2255. (ECF No. 19.)1 In his motion for reconsideration, Rankins contends that the Court erroneously determined *636that the arguments raised in his § 2255 petition were procedurally barred and, in evaluating his arguments on the merits, applied the wrong standard. Otherwise, Rankins raises essentially the same issues and arguments the Court considered in denying his § 2255 petition.

For the reasons discussed below, the Court DENIES Rankins' motion for reconsideration.

BACKGROUND

I. Factual Background

The Court assumes the parties' familiarity with the facts of this case, which are described in the Court's Opinion and Order denying Rankins' § 2255 petition. (See ECF No. 18, at 1-4.) Briefly, Rankins was charged, along with other defendants, with engaging in a racketeering enterprise involving fraudulent real estate transactions. (Id. at 1.) Rankins' role in the fraudulent scheme was that of a straw purchaser for two real estate properties. In connection with these straw purchases, Rankins falsified loan applications. (Id. at 2-3.)

II. Procedural Background

After a seven-week trial, the jury convicted Rankins, finding that he acted as a straw purchaser of the two properties. (Id. at 4.) Rankins was ultimately sentenced to fifteen months' imprisonment and one year of supervised release. (Id. at 5.) After serving his sentence, Rankins was released from prison on or about May 2, 2008. (Id. ) His one-year term of supervised release expired on or about May 2, 2009. (Id. )

On March 9, 2009, during the period of his supervised release, Rankins filed his initial § 2255 petition, asking the Court to vacate, set aside, or correct his sentence. (Id. at 1.) Rankins argued that the Government (1) committed prosecutorial misconduct by presenting false evidence at trial, and (2) failed to provide exculpatory and impeachment information as required under Brady v. Maryland , 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), Giglio v. United States , 405 U.S. 150, 92 S.Ct. 763, 31 L.Ed.2d 104 (1972), and Federal Rule of Criminal Procedure 16. (Id. )

In an Opinion and Order issued on March 12, 2013, the Court rejected Rankins' arguments and denied his § 2255 petition. (Id. at 15.) The Court did not issue a certificate of appealability because Rankins failed to make substantial showing of the denial of a constitutional right. (Id. )

On March 26, 2013, Rankins filed the present motion for reconsideration. (ECF No. 19.) Throughout his motion, Rankins raises numerous issues and arguments that the Court already considered and rejected in its denial of his § 2255 petition. Apart from his recycled claims, Rankins contends that the Court "omitted controlling decisions that would permit a court to review previous adjudicated claims upon being presented with new evidence that was not considered in the original review of the claims." (Id. at 2-6.) Rankins also suggests that the Court did not apply the standard announced in United States v. Mahaffy , 693 F.3d 113 (2d Cir. 2012). (Id. at 6-11.)

DISCUSSION

I. Legal Standard

"A motion for relief from judgment is generally not favored and is properly granted only upon a showing of exceptional circumstances." United States v. Int'l Bhd. of Teamsters , 247 F.3d 370, 391 (2d Cir. 2001). "Reconsideration is not a substitute for appeal and should only be granted to correct clear error, prevent manifest injustice, or to account for new evidence or a change in controlling law that might reasonably be expected to alter *637the court's decision." Gonzalez v. United States , No. 10 CR 238, 2014 WL 1725738, at *1 (S.D.N.Y. Apr. 30, 2014) (Keenan, J.) (citing See Beras v. United States , No. 05 Civ. 2678, 2013 WL 2420748, at *1 (S.D.N.Y. June 4, 2013) (Scheindlin, J.) ).

Because Rankins is proceeding pro se , his submissions will be "liberally construed in his favor," Simmons v. Abruzzo , 49 F.3d 83, 87 (2d Cir. 1995), and will be read "to raise the strongest arguments they suggest," Green v. United States , 260 F.3d 78, 83 (2d Cir. 2001) (quoting Graham v. Henderson , 89 F.3d 75, 79 (2d Cir. 1996) ).

II. Rankins' reconsideration arguments

Rankins' motion for reconsideration identifies no clear error and cites no change in controlling law or new evidence overlooked by the Court that might reasonably be expected to alter the denial of his § 2255 petition.

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Related

Brady v. Maryland
373 U.S. 83 (Supreme Court, 1963)
Giglio v. United States
405 U.S. 150 (Supreme Court, 1972)
United States v. Mahaffy
693 F.3d 113 (Second Circuit, 2012)
United States v. Triumph Capital Group, Inc.
544 F.3d 149 (Second Circuit, 2008)
Simmons v. Abruzzo
49 F.3d 83 (Second Circuit, 1995)
Graham v. Henderson
89 F.3d 75 (Second Circuit, 1996)

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Bluebook (online)
366 F. Supp. 3d 634, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rankins-v-united-states-ilsd-2019.