United States District Court, W.D. Virginia, Roanoke Division
MICHAEL S. OWLFEATHER-GORBEY Petitioner,
WARDEN, USP LEE, Respondent.
K. MOON, UNITED STATES DISTRICT JUDGE
S. Owlfeather-Gorbey,  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 petition, and Gorbey failed to respond,
making the matter ripe for disposition. After review of the
record, I grant the motion to dismiss.
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).
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.
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. 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.
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.
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.
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. ...