United States District Court, District of Columbia
G. Sullivan United States District Judge.
McCoy Logan pled guilty to drug and gun related offenses in
two criminal cases pursuant to a plea agreement, and was
sentenced to an agreed-upon 147 months of incarceration.
Several months after his sentencing, the government informed
Mr. Logan that an FBI agent who was indirectly involved with
his case had tampered with evidence in other cases. Mr. Logan
later moved to vacate his sentences pursuant to 28 U.S.C.
§ 2255 and the Court denied the motions. Mr. Logan now
moves for a certificate of appealability so that he can
appeal this Court's decision. Because Mr. Logan has
failed to make a “substantial showing of the denial of
a constitutional right, ” 28 U.S.C. § 2253(c)(2),
Mr. Logan's motion for a certificate of appealability is
Court's previous Memorandum Opinion set forth the facts
in this case in detail. See United States v. Logan,
No. CR 12-59-17(EGS), 2018 WL 5297812, at *1-4 (D.D.C. Oct.
25, 2018). What follows is a summary of the facts necessary
to provide context for Mr. Logan's current motions.
Investigation and Arrest
Logan was charged in two separate criminal cases based on
evidence accumulated during an investigation of drug
trafficking activity in Maryland and the District of
Columbia, and evidence seized during Mr. Logan's October
21, 2011 arrest. Id. at *1. The investigation
revealed that Mr. Logan sold cocaine to another indicted
individual, Kelvin Heyward. Id. Wire-tapped calls
between the two captured the details of specific drug
transactions, as well as how the transactions were generally
conducted. Id. The evidence obtained during Mr.
Logan's October 21, 2011 arrest were a .32 semi-automatic
handgun, over $14, 000 on his person, and $4, 000 and several
plastic bags containing cocaine in his car. Id.
on the evidence obtained, an indictment was filed on March 8,
2012, charging Mr. Logan with several drug offenses.
Id. The October 2011 arrest, and subsequent car
search, resulted in an August 2013 indictment in Maryland,
later transferred to this district, charging Mr. Logan with
several drug and gun offenses. Id.
Logan was arrested at his job, the All-In-One Stop in
Clinton, Maryland, following the filing of the March 8, 2012
superseding indictment. Id. at *2. That same day, a
team of FBI agents executed a search warrant at the
All-In-One Stop. According to the United States
Attorney's Office for the District of Columbia
(“USAO-DC”), the investigation that resulted in
Mr. Logan's indictment was conducted by the FBI's
Safe Streets Task Force. Id.
presence of one agent, Special Agent (“SA”)
Matthew Lowry, is particularly relevant to Mr. Logan's
pending motion. SA Lowry was assigned to a different task
force--the Cross-Border Task Force (“CBTF”)--but
he “provided some assistance to the overall
investigation at the time of the ‘take-down' in
March 2012.” Id. Specifically, SA Lowry
participated in the execution of the search warrant at the
All-In-One Stop which led to the seizure of several items.
Id. SA Lowry was not listed on the chain-of-custody
for any of the items seized from the All-In-One Stop.
October 1, 2014 the FBI informed USAO-DC that “Special
Agent Lowry may have engaged in misconduct by tampering with
evidence . . . includ[ing] tampering with narcotics and
firearm evidence seized during investigations.” Notice,
ECF No. 563 at 1-2. The FBI's investigation into SA
Lowry's misconduct was prompted by the discovery of SA
Lowry under the influence of drugs in an FBI vehicle on
September 29, 2014. See Criminal Action No. 13-248,
Mem. Of Investigation, ECF No. 40-1 at 20.
investigation revealed that SA Lowry had begun to remove FBI
drug evidence in “late 2013.” Id. SA
Lowry admitted to using drugs from “late 2013 when he
began, through September 29, 2014, when he was found [under
the influence] in his FBI-issued vehicle.” Id.
SA Lowry was charged with, among other things, possession of
heroin. See Criminal Action No. 15-34, Judgment in a
Criminal Case (“Judgment”), ECF No. 30. He pled
guilty to the charges and was sentenced to 36 months of
November 2014, the government disclosed to Mr. Logan the
information about SA Lowry's alleged wrongdoing. Notice,
ECF No. 563 at 1. The Court then directed the government to
file status reports updating the Court on the status of the
government's investigation into SA Lowry's alleged
misconduct. Minute Order of November 13, 2014. The government
explained SA Lowry's role in Mr. Logan's case as
[G]overnment counsel understands that Agent Lowry's
involvement in the investigation . . . involved assisting in
a large-scale "takedown" on March 12, 2012,
specifically the execution of one search warrant on March 12,
2012, in Clinton, Maryland. Agent Lowry participated along
with a team of other FBI agents in executing a search warrant
at defendant Jonathan Logan's business location. . . .
Agent Lowry was not listed on the chain-of-custody for any of
the items seized from this location.
Action No. 13-248, Gov't. Response to Def. Ltr. to Court,
ECF No. 18 at 1-2. The government also made clear that the
only event in which SA Lowry participated in Mr. Logan's
case--the execution of the search warrant on March 12, 2012--
occurred five months after October 21, 2011, which was the
ending date of the drug conspiracy with which Mr. Logan was
charged. Id. Similarly, the proffer of facts
explained that the gun seizure occurred during ...