United States District Court, W.D. Virginia, Abingdon Division
Kathleen Carnell, Special Assistant United States Attorney,
Abingdon, Virginia, for United States;
Adam Reedy, Pro Se Defendant.
P. JONES, UNITED STATES DISTRICT JUDGE
defendant, proceeding pro se, has filed a motion seeking
relief under 28 U.S.C. § 2255. The United States has
filed a motion to dismiss, to which the movant has responded.
For the reasons stated, I will grant the motion to dismiss
and dismiss the § 2255 motion.
began a term of supervised release in February 2014 after
serving a sentence of 39 months imprisonment for conspiracy
to manufacture and to possess with intent to distribute and
to distribute methamphetamine, in violation of 21 U.S.C.
§§ 841(a)(1), (b)(1)(C), 846. During his period of
supervised release, he committed multiple violations of the
conditions of his supervision. On January 23, 2017, he
admitted to using methamphetamine and marijuana. He waived a
hearing on the violation and agreed to his supervision being
extended for one year, and he was ordered to undergo
substance abuse treatment. On May 17, 2017, Reedy admitted to
using methamphetamine and marijuana. On January 30, 2018,
Reedy admitted using methamphetamine. On February 1, 2018,
his supervising probation officer petitioned the court that
Reedy's supervision be revoked for these violations,
along with the additional allegation that in January of 2018
he had provided his 15-year-old daughter with methamphetamine
and using the drug with her.
probation officer thereafter prepared a Supervised Release
Violation Report which alleged four violations. Violation 1
was based on Reedy's use of methamphetamine and marijuana
on May 17, 2017. Violation 2 was based on his possession of a
glass marijuana pipe, and his admission that he had used it
for smoking marijuana. Violation 3 was based on his supplying
and using methamphetamine with his daughter on or about
January 8 or 9, 2018. Violation 4 was based on his use of
methamphetamine on January 30, 2018. The report concluded
that Reedy had committed Grade C violations, with an advisory
guideline range of three to nine months.
supervised release revocation hearing was held on February
27, 2018. Reedy admitted to all but the charge that he had
supplied methamphetamine to and used methamphetamine with his
daughter. The government responded by presenting testimony
from Reedy's 15-year-old daughter, C.A. C.A. testified
that she had started seeing Reedy two to three times per week
beginning in 2017. Previously, she had not had any
relationship with Reedy. When visiting with Reedy, she
usually went to his house, but on one unspecified occasion,
she met him at Taco Bell.
stated that at some point in January 2018, she confided in a
friend that she had been feeling suicidal and had been using
drugs. The friend told the principal of their high school,
who reported the information to the Smyth County Department
of Social Services (“DSS”). A DSS representative
then interviewed C.A., who stated that Reedy had provided her
testified that she had used marijuana, which she had obtained
from friends, as well as methamphetamine. During the hearing,
C.A. was reluctant to identify the source of the
methamphetamine; however, she eventually stated that she had
received methamphetamine from her father. She testified that
she had asked him for it and had told him that she intended
to use it whether he provided it or not. C.A. stated that her
father was with her when he used the methamphetamine and that
her friend B. was also present. When asked, “And was
this in January of this year?” she responded
“Yeah. I think so.” Hr'g Tr. 9, ECF No. 114.
She did not specify a date, nor did she state where Reedy had
given her the methamphetamine or where she had used it.
allocution at the renovation hearing, Reedy gave the
On the day that stuff happened, the girl that was with her,
you know, they was using. I took the girl home. I just wanted
you to know the whole story. It was about 11:00 at night. I
took the girl home and we come back. That was the day in
As far as my drug use, I do have problems, sir. I don't
know how to beat it. So, it's terrible. But I work hard.
I try to take care of my family. And [C.A.] was new.
She's a teenager with a teenager mind, and we got a
nine-year-old boy. Everything happened all too fast for me to
register. So, ...