Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Townsend v. Kallis

United States District Court, N.D. West Virginia

December 7, 2017

LEROY TOWNSEND, Petitioner,
v.
STEVEN KALLIS, Warden, Respondent.

          REPORT AND RECOMMENDATION

          ROBERT W.TRUMBLE UNITED STATES MAGISTRATE JUDGE

         I. INTRODUCTION

         On April 24, 2017, the pro se Petitioner filed an Application for Habeas Corpus Pursuant to 28 U.S.C. § 2241. ECF No. 1. Petitioner is a federal inmate housed at USP Hazelton who is challenging the validity of his conviction imposed in the United States District Court for the Eastern District of Pennsylvania. This matter is pending before the undersigned for an initial review and Report and Recommendation pursuant to LR PL P 2.

         II. FACTUAL AND PROCEDURAL HISTORY [1]

A. Conviction and Sentence

         On November 6, 2014, a grand jury indicted Petitioner and charged him with two counts of bank robbery, in violation of 18 U.S.C. § 2113(a). ECF No. 6. On March 25, 2015, Petitioner entered a guilty plea to both counts of the indictment. ECF No. 13. On June 25, 2015, Petitioner was sentenced to 66 months of imprisonment, followed by three years of supervised release. ECF No. 20.

         B. Direct Appeal

         Petitioner has not filed an appeal with the Third Circuit Court of Appeals.

         C. Motion to Vacate Under 28 U.S.C. § 2255

         On April 8, 2016, Petitioner filed a pro se motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255. ECF No. 22. On December 7, 2017, Petitioner's § 2255 motion was denied by Memorandum decision and Order. ECF Nos. 47, 48. In its Memorandum decision, the Court summarized Petitioner's arguments that he received ineffective assistance of counsel when his attorney failed to:

(1) Request additional time to rebut the United States' response to Mr. Townsend's sentencing memorandum, violating his due process rights; (2) argue insufficient evidence to support an element of the bank robbery offense; (3) challenge the federal bank robbery statute as unconstitutionally vague; (4) request a downward variance based on his conditions of confinement at his Delaware County facility compared to the Federal Detention Center in Philadelphia; and (5) argue Mr. Townsend's criminal history is inflated based on 2005 and 2007 offense in the presentence investigation report.

ECF No. 47 at 4. Petitioner further argued that the conditions of his supervised release were unconstitutionally vague. Id. at 5.

         III. PETITION ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.