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.

United States v. Kennedy

United States District Court, E.D. Virginia, Richmond Division

December 19, 2018

UNITED STATES OF AMERICA
v.
DEVON N.KENNEDY, Petitioner.

          MEMORANDUM OPINION (DENYING 28 U.S.C. § 2255 MOTION)

          HENRY E.HUDSON, SENIOR UNITED STATES DISTRICT JUDGE

         Devon N. Kennedy, a federal inmate proceeding pro se, submitted this motion under 28 U.S.C. § 2255 to vacate, set aside, or correct his sentence ("§ 2255 Motion," ECF No. 38). Kennedy demands relief on the following grounds:[1]

Claim One: Counsel was ineffective because he "made no objections as to [sentencing] enhancements." (Mem. Supp. §2255 Mot. 2, ECF No. 39.)
Claim Two: Kennedy was subjected to a "sentencing disparity" because his "co-defendant . . . received a sentence of 5 months" and Kennedy "received a sentence of 87 months." (§ 2255 Mot. 6.)
Claim Three: "Violation of [Kennedy's] 5th and 6th Amendment rights" because Kennedy was forced to sign legal documents "without having defense counsel present." (Id. at 8 (citations omitted).)

The Government has responded, asserting that Kennedy's claims lack merit. (ECF No. 43.) Kennedy filed a reply. (ECF No. 44.) For the reasons set forth below, Kennedy's § 2255 Motion will be denied.

         I. PROCEDURAL HISTORY

         A. Indictment and Guilty Flea

          On December 20, 2016, a grand jury charged Kennedy with two counts of making a false statement during purchase of a firearm (Counts One and Two), and one count of possession of a firearm by a convicted felon (Count Three). (Indictment 1-2, ECF No. 3.) On February 16, 2017, Kennedy pled guilty to Counts Two and Three, and the Government agreed to dismiss Count One. (Plea Agreement ¶¶ 1, 9, ECF No. 19.) In the Plea Agreement, Kennedy agreed that he was pleading guilty because he was in fact guilty of the charged offenses and "admit[ed] the facts set forth in the statement of facts filed with this plea agreement and agree[d] that those facts establish [his] guilt of the offense beyond a reasonable doubt." (Id. ¶ 2.) Kennedy agreed that "[t]he maximum penalties for each of these offenses are a maximum term of 10 years of imprisonment" (id. ¶ 1), and "that the Court has jurisdiction and authority to impose any sentence within the statutory maximum" (Id. ¶ 4.) The Plea Agreement provided that the "United States makes no promise or representation concerning what sentence the defendant will receive." (Id.) Kennedy also agreed that he understood that he was waiving his "right to appeal the conviction and any sentence within the statutory maximum described above (or the manner in which that sentence was determined)-----" (Id. ¶ 5.)

         The Statement of Facts set forth Kennedy's guilt as follows:

1. At all times relevant to the Indictment and Statements of Facts, the defendant, DEVON N. KENNEDY, was a resident of the State of Maryland.
2. Beginning in or around April 2016, the defendant approached a resident of the Commonwealth of Virginia, J.H., and requested that J.H. purchase firearms in Virginia for the defendant. The defendant had been previously convicted of a crime punishable by imprisonment for a term exceeding one year, and was legally prohibited from possessing a firearm. The defendant was aware of this fact.
3. On or about May 23, 2016, in the Eastern District of Virginia, the defendant did knowingly aid and abet J.H. who, in connection with the acquisition of a firearm i.e., a Glock 9 mm handgun, Model 19, bearing serial number BBLL716, from Liberty Firearms & Surplus, a licensed dealer of firearms within the meaning of Chapter 44, Title 18, United States Code, knowingly made a false and fictitious statement to Liberty Firearms & Surplus, which statement was intended and likely to deceive Liberty Firearms & Surplus, as to a fact material to the lawfulness of such sale and disposition of the said firearm to that individual under chapter 44 of Title 18, in that J.H. falsely claimed to be the actual buyer of the firearm in question, in violation of Title 18, United States Code, Sections 922(a)(6) and 2.
4. On or about May 23, 2016, in the Eastern District of Virginia, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting interstate commerce, that same firearm, to wit: a Glock 9 mm handgun, Model 19, bearing serial number BBLL716; said firearm having been shipped and ...

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.