Hinkle v. United States of America

Filing 3

MEMORANDUM OPINION. Signed by Judge Peter J. Messitte on 8/16/2022. (c/m 8/16/2022 heps, Deputy Clerk)

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND

UNITED STATES OF AMERICA,
Civil No. 14-2677 PJM

V.

Grim No. 12-0286 PJM

MATTHEW HINKLE,
Petitioner-Defendant.

MEMORANDUM OPINION

Petitioner Matthew Hinkle has filed two motions to vacatejudgment under 28 U.S.C.§ 2255.

EOF Nos. 38, 54. No hearing is necessaiy. See, e.g. United States v. White, 366 F.3d 291,302(4th
Cir. 2004). For the reasons that follow,the Court DENIES the Motions.
I.

Background

On May 23,2012,a federal grandjury returned a two-count indictment charging Hinkle with

robbery in violation of 18 U.S.C. § 1951, as well as for being a felon in possession of a firearm, in
violation of 18 U.S.C. § 922(g). ECF No. 1. These offenses arose from Hinkle's armed robbery of

a 7-Eleven store on January 15, 2012. ECF No. 26 (plea agreement). During the robbery, Hinkle
was armed with a semi-automatic pistol that was fully loaded with nine rounds of ammunition. Id.
He brandished the pistol at a store employee, attempted to open the cash register, but was
unsuccessful, threw merchandise, and tossed the pistol to the floor behind the counter. Id. Police
responded and placed Hinkle under arrest. Id.

On July 1, 2013, the Government filed a Superseding Information charging Hinkle with
carrying and brandishing a firearm during and in relation to a crime of violence, in violation of 18
U.S.C. § 924(c). ECF No. 22. On July 2,2013, Hinkle pled guilty to that single offense. ECF Nos.

1

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