Wall v. United States

258 F. Supp. 3d 437
CourtDistrict Court, D. Delaware
DecidedJuly 11, 2017
DocketCrim. No. 11-46-SLR; Civ. No. 15-361-SLR
StatusPublished

This text of 258 F. Supp. 3d 437 (Wall v. United States) is published on Counsel Stack Legal Research, covering District Court, D. Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wall v. United States, 258 F. Supp. 3d 437 (D. Del. 2017).

Opinion

MEMORANDUM OPINION

ROBINSON, Senior District Judge.

I. INTRODUCTION

Carolyn Wall (“movant”) is a federal inmate currently confined at the USP Ha-zelton in West. Virginia. Movant timely filed a motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255. (D.1.134) The government filed an answer in opposition. (D.I. 142) For the reasons discussed, the court will deny mov-ant’s § 2255 motion without holding an evidentiary hearing;

II. BACKGROUND

From July 2010 through March 2011, a number of fraudulent checks were presented to stores such as Wal-Mart, Best Buy, and Target across Delaware, Pennsylvania, Maryland, and New Jersey. The New Castle County Police Department connected these incidents to [mov-ant] and executed two search warrants of her townhouse.. During these searches, the police found blank checks; counterfeit checks; documents with names, dates of birth, and Social Security, numbers;. printouts of bank names, addresses, and routing numbers; and check-writing computer software. Over the course of the nine-month scheme, [movant] caused losses of over $100,000.

A grand jury returned a thirty-count indictment charging [movant] with conspiracy to commit wire fraud, in violation of 18 U.S.C. § 1349; wire fraud, in violation of 18 U.S.C. § 1343; identity theft, in violation of 18 . U.S.C. § 1028(a)(7); access device fraud, in violation of 18 U.S.C. § 1029(a)(3) and (c)(1)(a)©;- fraudulent use of Social Security numbers, in'Violation of 42 U.S.C; •§ 408(a)(7)(B); -and aggravated identity theft, in violation of 18 U.S.C.- § 1028A.

[Movant] has never contested that she engaged in the fraudulent scheme. In fact, in a proffer with the government, she admitted to making fake checks and using, other people’s' Social Security numbers. Her defense, instead, relied primarily on duress. Prior to trial, [mov-ant] filed a motion to admit the expert testimony of psychologist Dr. Catherine Barber. According to the motion, Dr. Barber would “present testimonial evidence of the effect that longstanding physical and mental abuse, neglect and manipulation have had on [movant], which made [movant] a target of coercion by various uriindicted family members” and by Shawn Dyton, a man with whom she was romantically involved. Despite its focus oh duress, [movant’s] motion also mentioned in passing that Dr. Barber’s testimony would be used “to negate the mens rea of the charged ■offenses.”

⅝ ⅝ ⅝ ⅝

At trial, the District. Court' ultimately excluded Dr. Barber from testifying as to duress because it found that [movant] had failed to establish a proper founda[442]*442tion. The jury convicted [movant] on all counts.

United States v. Wall, 593 Fed.Appx. 128, 130 (3d Cir. 2014).

On September 24, 2013, the court sentenced movant as follows: (1) on counts one through twenty-five, twenty-seven, and twenty-nine, to concurrent terms of fifty-seven months of imprisonment, followed by three years of supervised release for counts one through twenty-five, twenty-seven, and twenty-nine; and (2) on counts twenty-six, twenty-eight, and thirty, twenty-four months of imprisonment (to run consecutive to the fifty-seven month sentence); followed by one year of supervised release. (D.I. 107) Movant appealed, arguing that she should have been permitted to introduce Dr. Barber’s expert testimony of her alleged “psychotic features” and hallucinations to rebut the government’s proof of specific intent to defraud. (D.I 108; D.I. 122) The Third Circuit rejected the argument and affirmed movant’s judgment of conviction. See Wall, 593 Fed.Appx. at 131.

III. DISCUSSION

Movant timely filed her pro se motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255, asserting the following four claims: (1) she was denied her right to a speedy trial; (2) a proffer statement was improperly used against her at trial; (3) two case agents were not sequestered during trial testimony; and (4) certain trial evidence was tainted' due to an unreasonable search and seizure.

Pursuant to 28 U.S.C. § 2255, a federal prisoner may move the sentencing court to vacate, set aside, or correct his sentence on the grounds that

the sentence was imposed in violation of the Constitution or laws of the United States, or that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack.

28 U.S.C. § 2255. The relief sought under 28 U.S.C. § 2255 is reserved for extraordinary circumstances. See Brecht v. Abrahamson, 507 U.S. 619, 113 S.Ct. 1710, 123 L.Ed.2d 353 (1993). If a movant fails to raise a claim on direct appeal, that claim is procedurally defaulted and cannot thereafter be reviewed pursuant to 28 U.S.C. § 2255 unless the movant demonstrates cause for the default and prejudice resulting therefrom, or that he is actually innocent. See Bousley v. United States, 523 U.S. 614, 616, 621-23, 118 S.Ct. 1604, 140 L.Ed.2d 828 (1998). To establish cause for a default, a movant must demonstrate that “some objective factor external to the defense impeded counsel’s efforts to raise the claim.” United States v. Essig, 10 F.3d 968, 979 (3d Cir. 1993), abrogated on other grounds as explained in United States v. Peppers, 482 Fed.Appx. 702, 704 n.5 (3d Cir. 2012). Significantly, an attorney’s failure to preserve or raise a claim on direct appeal can constitute cause for a movant’s procedural default only if counsel’s failure amounts to constitutionally ineffective assistance of counsel. See Hodge v. United States, 554 F.3d 372, 379 (3d Cir. 2009). To establish prejudice, a movant must show “that the errors at [his] trial ... worked to [his] actual and substantial disadvantage, infecting [his] entire trial' with error of constitutional dimensions.” United States v. Frady, 456 U.S. 152, 179, 102 S.Ct. 1584, 71 L.Ed.2d 816 (1982). Notably, if the mov-ant fails to demonstrate cause, a court is not required to determine if the movant was prejudiced by the default. See Smith v. Murray, 477 U.S. 527, 533, 106 S.Ct. 2661, 91 L.Ed.2d 434 (1986).

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Bluebook (online)
258 F. Supp. 3d 437, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wall-v-united-states-ded-2017.