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Lee v. United States

United States District Court, E.D. Virginia, Newport News Division

January 7, 2015

LAMAR RICHARD LEE, Petitioner,
v.
UNITED STATES OF AMERICA, Respondent

Page 806

Petitioner, Pro se.

For Respondent: Robert E. Bradenham II, Assistant United States Attorney, Newport News, VA.

Page 807

MEMORANDUM FINAL ORDER

REBECCA BEACH SMITH, CHIEF UNITED STATES DISTRICT JUDGE.

This matter comes before the court on Lamar Richard Lee's (" Petitioner" ) pro se[1] Motion under 28 U.S.C. § 2255 to Vacate, Set Aside or Correct Sentence (" Motion" ), filed on October 27, 2014. ECF No. 66. On November 14, 2014, the court ordered the government to respond, ECF No. 68, and the government filed its Response on December 2, 2014. ECF No. 69. Thereafter, the Petitioner filed his untimely Reply to the Response of the United States (" Reply" ). ECF No. 70.[2]

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For the reasons set forth below, the court DENIES the Petitioner's Motion.[3]

I. FACTUAL AND PROCEDURAL HISTORY

On January 16, 2013, a federal grand jury in the Eastern District of Virginia indicted the Petitioner on six counts. Counts One and Two charged the Petitioner with Possession with Intent to Distribute Cocaine Base and Cocaine in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C). Indictment at 1-2, ECF No. 23. Count Three charged the Petitioner with Possession with Intent to Distribute Heroin in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C). Id. at 3. Counts Four and Six charged the Petitioner with Possession of Firearms by a Person Previously Convicted of a Felony Crime, in violation of 18 U.S.C. § § 922(g)(1) and 924(a)(2). Id. at 4, 6. Count Five charged the Petitioner with Possession of a Firearm in Furtherance of a Drug Trafficking Crime, in violation of 18 U.S.C. § 924(c). Id. at 5. The court appointed Bryan L. Saunders (" Saunders" ) to represent the Petitioner. CJA 20, ECF No. 20.

On March 18, 2013, the Petitioner pled guilty to Counts One, Two, Three, and Six of the Indictment. Plea Agreement, ECF No. 36. The court sentenced the Petitioner on June 14, 2013, to one hundred eighty-eight (188) months imprisonment, consisting of one hundred eighty-eight (188) months on the drug charges and one hundred twenty (120) months on the firearm charge,[4] all to be served concurrently. J. at 2, ECF No. 46. Pursuant to United States Sentencing Guidelines (" U.S.S.G." ) § 4B1.1(a), the Petitioner was found to be a Career Offender, and his sentence was enhanced based on two prior state court convictions: Unlawful Wounding under Virginia Code § 18.2-51, and Possession with Intent to Distribute Cocaine under Virginia Code § 18.2-248.[5] Presentence Investigation Report (" PSR" ) ¶ 35, ECF No. 49. Saunders made no objections to the Career Offender finding in the PSR. Id. at A-1

The Petitioner timely appealed his sentence on June 28, 2013. Notice of Appeal, ECF No. 50. Saunders filed a brief, in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), certifying that there were no meritorious issues for appeal but arguing that the Petitioner's sentence was unreasonable. On March 7, 2014, the Court of Appeals for the Fourth Circuit affirmed

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the judgment of this court. United States v. Lee, 559 F.App'x 251 (4th Cir. 2014) (per curiam). The Petitioner did not file a writ of certiorari with the United States Supreme Court, and the time to do so has expired. Thus, ...


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