United States v. Shealey

113 F. Supp. 3d 444, 2015 U.S. Dist. LEXIS 89259, 2015 WL 4127955
CourtDistrict Court, D. Massachusetts
DecidedJuly 8, 2015
DocketCriminal Action No. 10-10342-NMG
StatusPublished
Cited by1 cases

This text of 113 F. Supp. 3d 444 (United States v. Shealey) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Shealey, 113 F. Supp. 3d 444, 2015 U.S. Dist. LEXIS 89259, 2015 WL 4127955 (D. Mass. 2015).

Opinion

MEMORANDUM & ORDER

GORTON, District Judge.

In- April, 2011, defendant Patrick Shea-ley (“defendant”) pled -guilty to a one-count indictment charging. Distribution of .Cocaine and Possession, of Cocaine with Intent to Distribute, in violation of 21 U.S.C. § 841(a)(1). In October, 2011, defendant was sentenced by another Session of this Court to 60 months in prison followed by 60 months of supervised release.

The drugs that weré seized from defendant were analyzed by the now-infamous laboratory chemist Annie Dookhan (“Dookhan”), who later pled guilty to multiple instances of tampering with evidence which included, in some cases, adding known controlled substances to samples thereby creating positive tests. Defendant now contends that, had he been aware of the misconduct by Dookhan that took place at the Massachusetts Department of Public Health’s William A. Hinton State Laboratory (“Hinton Lab”), he would not have pled guilty. He moves to withdraw his plea and vacate his conviction pursuant to 28 U.S.C. § 2255. The government opposes the motion and requests summary dismissal. For the reasons that follow, defendant’s motion to vacate will be denied and the government’s request for summary dismissal will be allowed.

I. Factual Background and Procedural History

This case stems from an ongoing investigation into crack cocaine trafficking by the A-l Drug.Control Unit (“DCU”) of the Boston Police Department. The DCU officers, had. received information that a crack cocaine dealer named “Red”, later identified as defendant, was operating in the downtown area of Boston and using a certain telephone number to conduct his trafficking operations.

In September, 2010, an undercover police officer (“UC”) called that number and asked if defendant would be willing to sell him. crack cocaine. Communicating through. street language, defendant arranged the time and place for UC to meet him to conduct their deal. UC arrived at [446]*446the designated park -bench in Boston Common with a hidden transmitter to allow the officers on nearby surveillance to monitor the deal. UC then covertly gave defendant $100 in exchange for six individually-knotted plastic bags of what appeared to be .crack cocaine.

: Following the transaction, UC advised over the. transmitter that the deal had been completed and that defendant should be placed under arrest. Two of the officers on surveillance attempted to arrest and search defendant, who struggled to escape. From defendant, the officers seized $329 in cash and the cell phone that defendant had used to communicate with UC, as well as six additional individually-knotted plastic bags of suspected crack cocaine. One of those bags was field-tested positive for crack cocaine.

The 12 bags purchased and seized by the officers were then divided, placed in two larger heat-sealed bags and sent to the Hinton Lab where Dookhan and fellow chemist Daniel Renczkowski confirmed that they contained crack cocaine. As the primary chemist, Dookhan opened the two heat-sealed bags, removed the individual bags to obtain their gross weight and then randomly selected two of the 12 bags for a sample analysis. That process left nine bags untested (the 12 bags collected from defendant minus the one field-tested bag and the two bags lab-tested by Dookhan).

In April, 2011, defendant pled guilty to one count of Distribution of Cocaine and Possession of Cocaine with Intent to Distribute, in violation of 21 U.S.C. § 841(a)(1), and was later sentenced by then-District- Judge Joseph Tauro to 60 months of incarceration followed by 60 months of supervised release. Had he not pled guilty, defendant, á career offender, would have faced a sentence in the guideline range of 210-262 months. He raised no question concerning the chemical composition of the drugs nor did he object to the pre-sentence report outlining his offense conduct and characterizing him. as a lifelong drug user.

In August, 2013, after Dookhan’s misconduct was revealed, and less than 17 months before defendant’s projected release from custody, defendant filed the instant motion to withdraw his guilty plea and vacate his conviction. Defendant argues that his plea was not voluntary, knowing and intelligent under Brady v. United States, 397 U.S. 742, 90 S.Ct. 1463, 25 L.Ed.2d 747 (1970) and Ferrara v. United States, 456 F.3d 278 (1st Cir.2006), insofar as he would not have pled .guilty had he known about Dookhan’s involvement in the analysis of the suspected drugs in his case. .

In October, 2013, following further revelations about Dookhan’s criminal conduct, the government commissioned a retesting of the .12 bags of suspected crack cocaine collected from defendant on the day of his arrest. Chemists at the State Police Crime Lab in Sudbury, Massachusetts confirmed that the-substance contained in each bag was crack cocaine.

Since the filing of this motion, defendant has completed his term of incarceration and is currently on supervised release.

II. Motion to Vacate and Withdraw Plea

A. Legal Standard

Title 28 U.S.C. § 2255 enables a prisoner in custody to move the court that imposed his sentence to vacate, set aside or correct the sentence if it was: (1) imposed in violation of the Constitution or laws of the United States or by a court that lacked jurisdiction, (2) in excess of the maximum authorized by law or (3) otherwise subject to collateral attack. 28 U.S.C. § 2255(a); David v. United States, [447]*447134 F.3d 470, 474 (1st Cir.1998). The defendant bears the burden of establishing the right to relief in each of those circumstances. Id.

As a general rule, a voluntary and intelligent plea, made with the advice of competent counsel, may not be collaterally attacked. See Mabry v. Johnson, 467 U.S. 504, 508, 104 S.Ct. 2543, 81 L.Ed.2d 437 (1984); see also Moreno-Morales v. United States, 334 F.3d 140, 145 (1st Cir.2003) (“[ejvidentiary hearings on § 2255 petitions are thé exception, not the norm, and there is a heavy burden on the petitioner to demonstrate that an evidentiary hearing is warranted.”). However, if a prisoner’s claim is predicated on ¿vidence unavailable to him at the time of the plea, he can collaterally attack his sentence on the ground that his pléa was involuntary (i.e., unknowing, unintelligent and offered with insufficient awareness). Ferrara, 456 F.3d at 289. A defendant must prove two elements in order to vacate a guilty plea as involuntary:

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Bluebook (online)
113 F. Supp. 3d 444, 2015 U.S. Dist. LEXIS 89259, 2015 WL 4127955, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-shealey-mad-2015.