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United States v. Yellardy

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

June 3, 2019

UNITED STATES OF AMERICA,
v.
DEANDRE YELLARDY, Petitioner.

          MEMORANDUM OPINION

          M. Hannah Lauck, United States District Judge

         DeAndre Yellardy, a federal inmate proceeding pro se, filed this 28 U.S.C. § 2255 Motion ("§ 2255 Motion," ECF No. 37). Yellardy demands relief upon the following grounds:

Claim One The Government violated Yellardy's right to a speedy trial. (ECF No. 37-1, at 1.)
Claim Two The Government violated Yellardy's right to due process when he "was transferred from state custody to federal custody 'without being advised or given notice' that he was going to be tried federally." (Id. at 2.)
Claim Three Yellardy failed to receive the effective assistance of counsel when counsel failed to raise Claims One, Two, and Four. (Id. at 3-4.)
Claim Four "Yellardy challenges his sentence on the grounds that he [was] unjustly denied a Three-Level (3) reduction based upon acceptance of responsibility under 3E1.1." (Id. at 4.)
The Government responds that Claims One, Two, and Four are procedurally defaulted and that Yellardy's assertions that he was denied the effective assistance of counsel lack merit.

(ECF No. 40.) Yellardy has filed a Reply. (ECF No. 41.)[1] For the reasons set forth below, Yellardy's claims will be dismissed as procedurally defaulted and meritless.

         I. Pertinent Factual and Procedural History

         On June 12, 2014, Yellardy shot two individuals who were seated in their vehicle at an EZ Mart convenience store in Richmond, Virginia. (ECF No. 17, at 1-2.) The Richmond Police Department arrested Yellardy that same day. (Id. at 2.) As pertinent here, Yellardy was charged in the Circuit Court of the City of Richmond ("Circuit Court") with Possession of a Firearm with a Controlled Substance ("State Firearm Charge"). (ECF No. 24, at 13.) Yellardy "remained in continuous custody [after] his arrest on June 12, 2014." (ECF No. 17, at 2.)

         On January 23, 2015, this Court issued a Criminal Complaint and arrest warrant charging Yellardy with possession of a firearm by a convicted felon ("Federal Firearm Charge"). (ECF No. 1.) The arrest warrant apparently was lodged as a detainer with the state authorities. On January 27, 2015, the Circuit Court nolle prossed Yellardy's State Firearm Charge, and Yellardy was held thereafter on the federal arrest warrant. (ECF No. 24, at 13.) On January 29, 2015, federal officials formally arrested Yellardy on the Federal Firearm Charge. (ECF No. 3.) Later that same day, Yellardy appeared in this Court for his initial appearance on that charge. (ECF No. 4.) On February 3, 2015, Yellardy was indicted on one count of possession of a firearm by a convicted felon. (ECF No. 10.)

         On February 10, 2015, Yellardy appeared in this Court for his arraignment on the Federal Firearm Charge. (ECF No. 12.) Yellardy moved for a continuance beyond the Speedy Trial Act cut-off date, which the Court granted. (ECF No. 13.) That same day, the Court scheduled Yellardy's trial for April 22, 2015. (ECF No. 12.)

         On March 20, 2015, pursuant to a Plea Agreement, Yellardy pled guilty to the Federal Firearm Charge. (ECF Nos. 15, 16.) As part of the Plea Agreement, the parties agreed that Yellardy should be sentenced to the statutory maximum sentence of 120 months and receive a 3-level reduction for acceptance of responsibility. (ECF No. 16, at 2.) On July 1, 2015, the Court sentenced Yellardy to 120 months of imprisonment. (ECF No. 29.)

         II. ...


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