Rodderick T. Davis v. USA

558 F. App'x 898
CourtCourt of Appeals for the Eleventh Circuit
DecidedMarch 7, 2014
Docket13-11520
StatusUnpublished
Cited by5 cases

This text of 558 F. App'x 898 (Rodderick T. Davis v. USA) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rodderick T. Davis v. USA, 558 F. App'x 898 (11th Cir. 2014).

Opinion

PER CURIAM:

Rodderick Davis, proceeding pro se, appeals the district court’s dismissal of his petition for a writ of mandamus, filed under 28 U.S.C. § 1361, to compel federal correctional officers to both certify to his prosecuting jurisdiction that he had given them substantial assistance and recommend that a motion for a sentence reduction be filed on his behalf. On appeal, Davis argues that the district court abused its discretion by dismissing his petition and erred by failing to liberally construe that petition.

I.

Davis was convicted in 2006 of one count of conspiracy to distribute more than five kilograms of powder cocaine and more than fifty grams of crack cocaine, in violation of 21 U.S.C. §§ 841(a)(1), 841 (b)(l)(A)(ii)-(iii), and 846 (2006). The District Court for the Northern District of Florida imposed a sentence of 266 months imprisonment, which this Court upheld on appeal. See United States v. Davis, 245 Fed.Appx. 885 (11th Cir.2007).

According to Davis, he began cooperating with prison officials in 2007, shortly after his arrival. He maintains that he informed Officers Essinburn and Riverra of a range of illegal activities that were occurring inside the prison in exchange for their promise to recommend to his sentencing district that his sentence be reduced under Federal Rule of Criminal Procedure 35(b). Although Davis cannot be certain, he believes that the assistance he provided resulted in several criminal prosecutions and other repercussions. Despite Officers Essinburn and Riverra’s alleged assurances to the contrary, they never recommended Davis for a sentence reduction. As a result, Davis filed his petition for a writ of mandamus under 28 U.S.C. § 1361, requesting the district court to order the appropriate defendants to certify that he provided them with substantial assistance in the investigation of certain crimes and to recommend a sentence reduction. His petition named as defendants the United States government, the Federal Bureau of Prisons (BOP), the Atlanta Division of the United States Attorney’s Office in the Northern District of *900 Georgia, and two individual BOP officers, “Essinburn” 1 and “Riverra.”

The magistrate judge issued a report and recommendation concluding that Davis’ § 1361 mandamus petition should be dismissed for failure to state a claim. Over Davis’ objections, the district court adopted the magistrate judge’s report and dismissed the petition. This appeal followed.

II.

We review a district court’s refusal to issue a writ of mandamus for abuse of discretion. See Schlagenhauf v. Holder, 379 U.S. 104, 111 n. 8, 85 S.Ct. 234, 239 n. 8, 13 L.Ed.2d 152 (1964) (recognizing that the issuance of a writ of mandamus “is itself generally a matter of discretion.”). Because Davis is proceeding pro se, we construe his pleadings liberally. Tannenbaum v. United States, 148 F.3d 1262, 1263 (11th Cir.1998).

Under 28 U.S.C. § 1361, federal district courts have the power “to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff.” However, mandamus is “an extraordinary remedy which should be utilized only in the clearest and most compelling of cases.” Cash v. Barnhart, 327 F.3d 1252, 1257 (11th Cir.2003) (quotation marks omitted). A writ of mandamus should only be issued when “(1) the plaintiff has a clear right to the relief requested; (2) the defendant has a clear duty to act; and (3) no other adequate remedy is available.” Id. at 1258 (quotation marks and brackets omitted).

The relief Davis seeks at this juncture is for Officers Essinburn and Riverra to certify the assistance he allegedly provided to the United States Attorney’s Office for the Northern District of Florida (where he was prosecuted) and to recommend a reduction to his sentence based on that assistance. 2 Ultimately, of course, Davis would like for the government to file a motion under Federal Rule of Criminal Procedure 35(b)(2) to reduce his sentence. Under that Rule, the government may move to reduce a defendant’s sentence more than one year after sentencing if the defendant provided substantial assistance that fits into one of several categories. See Fed. R.Crim.P. 35(b)(2). But Rule 35(b) does not obligate the government to file such a motion. As we have recognized, it gives the government “ ‘a power, not a duty, to file a motion when a defendant has substantially assisted.’ ” United States v. McNeese, 547 F.3d 1307, 1308 (11th Cir.2008) (quoting Wade v. United States, 504 U.S. 181, 185, 112 S.Ct. 1840, 1843, 118 L.Ed.2d 524 (1992)).

III.

The district court dismissed Davis’ claim because it found that he had not shown a clear right to the relief requested from the two correctional officers (their certification of his substantial assistance and recommendation for a sentence reduction) or that the officers had a clear duty to do so. We conclude that the district court did not *901 abuse its discretion by dismissing Davis’ mandamus petition.

In both his mandamus petition and his brief on appeal, Davis bases his right to relief and the defendants’ duty to act on the fact that Officers Essinburn and River-ra orally agreed that they would recommend a sentence reduction in exchange for his cooperation. The district court found the duty prong of the Cash test to be lacking because it concluded that Davis had not alleged that the prison officials he assisted had any legal duty to act but instead had merely “told him that they would do so.” Construed liberally, however, both Davis’ petition and his appellate brief allege a legal duty to act that is grounded in contract. In his petition, Davis notes that he “entered into an agreement” with the defendants and was “promised” that such cooperation, if deemed to be substantial, would result in the officers recommending to his prosecuting authority that his sentence be reduced. In his brief, Davis speaks in terms of not receiving “the benefit of the agreement which he entered into.” We thus do not agree with the district court that Davis failed to allege

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558 F. App'x 898, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rodderick-t-davis-v-usa-ca11-2014.