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United States v. Reedy

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

August 22, 2019

UNITED STATES OF AMERICA
v.
WESLEY ADAM REEDY, Defendant.

          Kathleen Carnell, Special Assistant United States Attorney, Abingdon, Virginia, for United States;

          Wesley Adam Reedy, Pro Se Defendant.

          OPINION

          JAMES P. JONES, UNITED STATES DISTRICT JUDGE

         The 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.

         I.

         Reedy 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.

         The 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.

         A 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.

         C.A. 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 with methamphetamine.

         C.A. 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.

         In his allocution at the renovation hearing, Reedy gave the following statement:

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 question.
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, ...

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