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Richardson v. United States

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

November 8, 2019

NATHANIEL A. RICHARDSON, Petitioner,
v.
UNITED STATES OF AMERICA, Respondent.

          MEMORANDUM OPINION AND ORDER

          Raymond A. Jackson United States District Judge.

         Before the Court is Petitioner Nathaniel A. Richardson, Jr.'s ("Petitioner") Motion for Reconsideration of the Court's Order of July 11, 2019 (ECF No. 434). For the reasons set forth below, the Motion is DENIED.

         I. FACTUAL AND PROCEDURAL HISTORY

         On July 25, 1996, Petitioner was indicted as part of a multi-defendant indictment on several charges related to a drug conspiracy, including:

• Count 1: Conspiracy to distribute and possess with intent to distribute 50 grams or more of cocaine base and a quantity of heroin (21 U.S.C. §§ 841(a)(1), (b)(1)(A), 846).
• Count 2: Engaging in a continuing criminal enterprise (21 U.S.C. § 848).
• Count 3: Distribution and possession with intent to distribute of 50 grams or more of cocaine base (21 U.S.C. § 841(a)(1), (b)(1)(A)).
• Count 10: Use and carrying a firearm during and in relation to a drug trafficking crime (18 U.S.C. § 924(c)(1)).
• Count 15: Money laundering (18 U.S.C. § 1956(a)(1)(B)(i).
• Count 16: Money laundering (18 U.S.C. § 1956(a)(1)(B)(i).

         ECF No. 1. Petitioner was tried, and on October 28, 1996, he was found guilty on Counts 1, 2, 3, 15, and 16 and not guilty on Count 10. ECF No. 122. On February 3, 1997, Petitioner was sentenced. ECF No. 144. At sentencing, the Court vacated Count 1 as a lesser offense included in Count 2. Id. Petitioner's mandatory guideline range was Life imprisonment. ECF No. 399 at ¶ 150. The Court therefore sentenced him to Life imprisonment on Counts 2 and 3, and 240 months imprisonment on Counts 15 and 16 each, all to be served concurrently. ECF No. 144.

         Since his conviction, Petitioner has filed a multitude of motions for postconviction relief, all of which have been denied. See ECF No. 267 (denying Petitioner's motion under 28 U.S.C. § 2255); ECF No. 281 (denying Petitioner's motion under Federal Rule of Civil Procedure 59(e); 308 (denying Petitioner's motion under 28 U.S.C. § 2244); ECF No. 310 (denying Petitioner's motion under 18 U.S.C. § 3582(c)(2)); ECF No. 324 (denying Petitioner's motion under 18 U.S.C. § 3582(c)(2)); ECF No. 343 (denying Petitioner's motion under 28 U.S.C. § 2255); ECF No. 393 (denying Petitioner's motion under Federal Rule of Civil Procedure 60(b)(6)); ECF No. 415 (denying Petitioner's petition for writ of audita querela).

         On January 17, 2019, Petitioner first filed pro se motion pursuant to Title 18, United States Code, Section 3582(c)(2) to reduce his sentence pursuant to Sentencing Amendments 591, 782, and 790. ECF No. 417. The same day, Petitioner also filed a pro se motion to reduce his sentence based on the Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act ("FIRST STEP Act") regarding cocaine base offenses. ECF No. 418; see Pub. L. No. 115-391, 132 Stat. 5194 (2018). On July 11, 2019, the Court denied both of Petitioner's motions. ECF No. 434. On August 26, 2019, Petitioner filed a Motion for Reconsideration (ECF No. 437) of the Court's Order of July 11, 2019 (ECF No. 434).

         II. ...


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