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Buggs v. United States

United States District Court, N.D. Mississippi, Oxford Division

October 29, 2018

BRYANT BUGGS MOVANT
v.
UNITED STATES OF AMERICA RESPONDENT

          MEMORANDUM OPINION

          SHARION AYCOCK, U.S. DISTRICT JUDGE

         This matter comes before the court on the motion of Bryant Buggs to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255. The court has reviewed the motion and determined that a response from the government is not required. For the reasons set forth below, the instant motion to vacate, set aside, or correct sentence will be denied.

         Habeas Corpus Relief Under 28 U.S.C. § 2255

         The writ of habeas corpus, a challenge to the legal authority under which a person may be detained, is ancient. Duker, The English Origins of the Writ of Habeas Corpus: A Peculiar Path to Fame, 53 N.Y.U.L.Rev. 983 (1978); Glass, Historical Aspects of Habeas Corpus, 9 St. John's L.Rev. 55 (1934). It is “perhaps the most important writ known to the constitutional law of England, ” Secretary of State for Home Affairs v. O'Brien, A.C. 603, 609 (1923), and it is equally significant in the United States. Article I, § 9, of the Constitution ensures that the right of the writ of habeas corpus shall not be suspended, except when, in the case of rebellion or invasion, public safety may require it. Habeas Corpus, 20 Fed. Prac. & Proc. Deskbook § 56. Its use by the federal courts was authorized in Section14 of the Judiciary Act of 1789. Habeas corpus principles developed over time in both English and American common law have since been codified:

The statutory provisions on habeas corpus appear as sections 2241 to 2255 of the 1948 Judicial Code. The recodification of that year set out important procedural limitations and additional procedural changes were added in 1966. The scope of the writ, insofar as the statutory language is concerned, remained essentially the same, however, until 1996, when Congress enacted the Antiterrorism and Effective Death Penalty Act, placing severe restrictions on the issuance of the writ for state prisoners and setting out special, new habeas corpus procedures for capital cases. The changes made by the 1996 legislation are the end product of decades of debate about habeas corpus.

Id.

         Section 2255 Proceedings

          Section 28 U.S.C. § 2255 permits an inmate serving a sentence after conviction of a federal crime “to move the court which imposed the sentence to vacate, set aside or correct the sentence.” 28 U.S.C. § 2255(a). As with the writ of habeas corpus, see 28 U.S.C. §§ 2241, 2254, a § 2255 motion sets forth only four bases on which a motion may be made: (1) the sentence was imposed in violation of the Constitution or laws of the United States; (2) the court was without jurisdiction to impose the sentence; (3) the sentence exceeds the statutory maximum sentence; or (4) the sentence is “otherwise subject to collateral attack.” 28 U.S.C. § 2255(a). Thus, a prisoner must claim either a constitutional violation or want of subject matter jurisdiction to invoke 28 U.S.C. § 2255. In the absence of constitutional or jurisdictional defects, a federal prisoner may invoke § 2255 only if the error constitutes “a fundamental defect which inherently results in a complete miscarriage of justice.” United States v. Addonizio, 442 U.S. 178, 185 (1979).

         The district court must first conduct a preliminary review of a section 2255 motion, and “[i]f it plainly appears from the motion, any attached exhibits, and the record of the prior proceeding that the moving party is not entitled to relief, the judge must dismiss the motion.” Rules Governing Section 2255 Proceedings, Rule 4(b). If the motion raises a non-frivolous claim to relief, the court must order the Government to file a response or to take other appropriate action. Id. The judge may then require the parties to expand the record as necessary and, if good cause is shown, authorize limited discovery. Rules Governing Section 2255 Proceedings, Rules 6-7.

         After reviewing the government's response, any transcripts and records of prior proceedings, and any supplementary materials submitted by the parties, the court must decide whether an evidentiary hearing is warranted. Rules Governing Section 2255 Proceedings, Rule 8. Under the statute, an evidentiary hearing must be held unless “the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief.” 28 U.S.C. § 2255(b). However, the court need not hold an evidentiary hearing if the prisoner fails to produce “independent indicia of the likely merit of [his] allegations.” United States v. Edwards, 442 F.3d 258, 264 (5th Cir. 2006) (quoting United States v. Cervantes, 132 F.3d 1106, 1110 (5th Cir. 1998)).

         Ultimately, the petitioner bears the burden of establishing his claims of error by a preponderance of the evidence. See Wright v. United States, 624 F.2d 557, 558 (5th Cir. 1980). For certain “structural” errors, relief follows automatically once the error is proved. See Burgess v. Dretke, 350 F.3d 461, 472 (5th Cir. 2003). For other errors at the trial court level, the court may grant relief only if the error “had substantial and injurious effect or influence” in determining the outcome of the case. Brecht v. Abrahmson, 507 U.S. 619, 637 (1993); see also United States v. Chavez, 193 F.3d 375, 379 (5th Cir. 1999) (applying Brecht's harmless error standard in a § 2255 proceeding). If the court finds that the prisoner is entitled to relief, it “shall vacate and set the judgment aside and shall discharge the prisoner or resentence him or grant a new trial or correct the sentence as may appear appropriate.” 28 U.S.C. § 2255(b).

         Facts and Procedural Posture

         Bryant Buggs pled guilty on September 5, 2003, to violating 21 U.S.C. § 841A, distribution of powder cocaine. The court sentenced Mr. Buggs to 111 months' incarceration, 3 years of supervised release, and a special assessment of $100, and entered judgment on January 29, 2004. Mr. Buggs appealed that judgment, and on December 16, 2004, the Fifth Circuit Court of Appeals affirmed. He began his period of supervised release on February 18, 2010, but violated the terms of that release by: (1) violating the law (he was charged with Possession of a Controlled Substance with intent to sell, as 248 pounds of marijuana and $1, 917 cash were found in his apartment); and (2) possessing a controlled substance (based upon the same facts). Mr. Buggs stipulated to the violations, and on August 23, 2011, the court entered an amended judgment of imprisonment for 21 months and 12 months supervised release. The judgment was silent regarding whether the federal sentence would run concurrent or consecutive to any future state sentences.

         Mr. Buggs also ran afoul of state law by possessing such a large amount of marijuana. On September 27, 2011, about a month after his federal sentencing, Mr. Buggs pled guilty in the Circuit Court of DeSoto County, Mississippi to possession of more than 5 kilograms of marijuana, in violation of Miss. Code Ann. § 41-29-139, as a second offender under § 41-29-147. The state court sentenced him to 8½ years incarceration, with 5 years of supervised release and 45 years non-supervised post-release supervision. The DeSoto County Circuit Court held that the sentence would run concurrent to “any and all sentences previously ...


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