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.

Owlfeather-Gorbey v. Warden, USP Lee

United States District Court, W.D. Virginia, Roanoke Division

November 5, 2017

MICHAEL S. OWLFEATHER-GORBEY Petitioner,
v.
WARDEN, USP LEE, Respondent.

          MEMORANDUM OPINION

          NORMAN K. MOON, UNITED STATES DISTRICT JUDGE

         Michael S. Owlfeather-Gorbey, [1] a federal inmate proceeding pro se, filed this petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, challenging the validity of his confinement on a judgment by the Superior Court of the District of Columbia. Respondent filed a motion to dismiss Gorbey's § 2254[2] petition, and Gorbey failed to respond, making the matter ripe for disposition. After review of the record, I grant the motion to dismiss.

         I. Background

         The facts are taken from Gorbey's habeas petition in the United States District Court for the District of Columbia, Gorbey v. United States:

On the afternoon of January 18, 2008, Gorbey approached a woman near the U.S. Capitol and asked for directions to the Supreme Court. He carried a shotgun in his hand, a sword on his back, a bulletproof vest across his chest, and several shotgun shells and hunting knives in his backpack. Gorbey explained that he was on his way to a meeting with Chief Justice John Roberts.
The woman reported Gorbey to the police, who arrested him. They searched his truck, parked illegally nearby, where they found hundreds of rounds of ammunition, a rifle scope, and a homemade bomb. Gorbey was subsequently charged and convicted on multiple weapons-related counts in D.C. Superior Court. He is currently served a twenty-year prison sentence.

55 F.Supp.3d 98, 100-01 (D.D.C. 2014) (citations removed).

         After a jury trial where Gorbey acted as his own attorney, the District of Columbia Superior Court convicted Gorbey of multiple weapons-related offenses. He was sentenced to 264 months in prison and five years of supervised release.

         Shortly after he was sentenced, Gorbey filed a notice of direct appeal. He also filed two pro se motions under D.C. Code § 23-110 seeking a new trial and vacatur of his conviction and sentence, which his new attorney supplemented.[3] The trial court denied those motions, leading Gorbey to appeal that decision as well. The District of Columbia Court of Appeals subsequently consolidated Gorbey's direct appeal with the appeal from the denial of his § 23-110 motions.

         In a lengthy and detailed opinion, the District of Columbia Court of Appeals rejected Gorbey's challenges to his convictions, but found that the trial court had erred at sentencing by failing to inquire into his decision to waive an insanity defense under Frendak v. United States, 408 A.2d 364 (D.C. 1979). On remand, the Superior Court concluded that Gorbey had validly waived the insanity defense and resentenced him to 254 months in prison.

         On March 21, 2017, Gorbey filed a petition for a writ of habeas corpus in the Lee County Circuit Court, alleging that his incarceration is illegal and unconstitutional because he no longer has any sentence to serve and he is actually innocent. On May 10, 2017, the United States Attorney removed Gorbey's petition from state court to the United States District Court for the Western District of Virginia.

         II. Discussion

         “Collateral challenges to sentences imposed by the Superior Court of the District of Columbia must be brought in that court under D.C. Code § 23-110.” Bassil v. ...


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.