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United States v. Ayers

United States District Court, District of Columbia

April 11, 2013

UNITED STATES OF AMERICA
v.
KEVIN D. AYERS, Defendant

Decided April 10, 2013.

Page 109

[Copyrighted Material Omitted]

Page 110

For KEVIN D. AYERS, Defendant: Michelle M. Peterson, LEAD ATTORNEY, FEDERAL PUBLIC DEFENDER FOR D.C., Washington, DC; Stephen F. Brennwald, LEAD ATTORNEY, BRENNWALD & ROBERTSON, LLP, Washington, DC.

For USA, Plaintiff: B. Patrick Costello, LEAD ATTORNEY, U.S. ATTORNEY'S OFFICE, Federal Major Crimes Section, Washington, DC; Stephen J. Spiegelhalter, LEAD ATTORNEY, DEPARTMENT OF JUSTICE, CRIMINAL DIVISION, FRAUD SECTION, Washington, DC.

OPINION

Page 111

Royce C. Lamberth, Chief United States District Judge.

MEMORANDUM OPINION

Before the Court is defendant Kevin D. Ayers's pro se Motion [44] to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255. Defendant's Motion rests on two grounds: ineffective assistance of counsel regarding his decision to plead guilty and an unreasonable sentence in violation of his due process rights. Defendant asks the Court to vacate his plea, or in the alternative, to vacate his sentence. Upon consideration of the Motion [44], the entire record herein, and the applicable law, defendant's Motion will be DENIED.

I. BACKGROUND

A. Defendant's Underlying Offenses

In 2006, police officers arrested defendant after recognizing him as a suspect with an outstanding warrant. Presentence Investigation Report (" PSR" ) ¶ 11. ECF No. 36, rev. June 26, 2009. Apparently there was a " brief struggle" between defendant and the officers before the arrest. Id. During processing at the police station, an inventory of defendant's possessions produced a car key to an Enterprise rental car. Id. ¶ 12. The officers located the rental car and, upon peering through the car's windows, saw in plain view a clear plastic bag containing what appeared to be cocaine base. Id. ΒΆ 13. A lab subsequently confirmed tat the substance found in the car was 71.5 grams of ...


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