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United States v. King

United States District Court, D. Columbia.

December 9, 2013

UNITED STATES OF AMERICA,
v.
CHARLES KING, JR., Defendant

Page 115

[Copyrighted Material Omitted]

Page 116

CHARLES KING, JR., Defendant, Pro se, MILAN, MI.

For CHARLES KING, JR., Defendant: Barry M. Johnson, LEAD ATTORNEY, LAW OFFICE OF BARRY M. JOHNSON, LLC, Bowie, MD; Frances M. D'Antuono, LEAD ATTORNEY, Frances M. D'Antuono, Attorney at Law, Washington, DC; Mary Manning Petras, LEAD ATTORNEY, FEDERAL PUBLIC DEFENDER FOR D.C., Washington, DC.

For UNITED STATES OF AMERICA, Plaintiff: Barry Wiegand, III, LEAD ATTORNEY, U.S. ATTORNEY'S OFFICE, Asset Forfeiture/Money Laundering Section, Washington, DC.

OPINION

RICHARD W. ROBERTS, Chief United States District Judge.

Page 117

MEMORANDUM OPINION

Petitioner Charles King, Jr. filed an opposed motion to vacate, set aside, or correct his sentence and judgment under 28 U.S.C. § 2255, and to conduct an evidentiary hearing arguing that his trial and appellate counsel provided ineffective assistance. He also moved to have counsel appointed to represent him in pursuing the § 2255 motion. [1] Because the record of this case shows that King is entitled to no relief and the interests of justice do not require appointment of counsel, King is not entitled to an evidentiary hearing and his § 2255 and appointment of counsel motions will be denied. King has also moved to amend his § 2255 motion. Because King's claim is time-barred, his motion to amend will be denied.

BACKGROUND

In May 2003, United States Park Police officers stopped King because he was " operating a vehicle without a front license plate." Presentence Investigation Report (" PSR" ) ¶ 4. During the stop, the officers noticed that King appeared to be nervous. The officers asked King to get out of his car and they patted him down. The officers also searched King's car. The officers recovered over $7,000 in cash from King's person and pieces of cocaine base and a loaded .45 caliber handgun from King's car. Id. King was indicted on two counts. Count One charged King with possession with intent to distribute 50 grams or more of cocaine base in violation of 21 U.S.C. § § 841(a)(1), 841(b)(1)(A)(iii). Count Two charged King with using, carrying, and possessing a firearm during a drug trafficking offense in violation of 18 U.S.C. § 924(c)(1).

King entered a plea of not guilty. His first trial in October 2003 ended in a mistrial. His second trial concluded with the jury finding King guilty on both counts on December 18, 2003. On July 2, 2004, King was sentenced to imprisonment for the minimum term of 151 months then required by the U.S. Sentencing Guidelines on Count One, and a consecutive sentence of 60 months' imprisonment, the minimum consecutive sentence required by statute, on Count Two. Barry Johnson represented King in both trials and at his sentencing.

King filed timely a notice of appeal and, through his counsel, Frances D'Antuono, filed an appellate brief arguing that denying King's motion to suppress the ...


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