COLEMAN v. UNITED STATES OF AMERICA

Filing 22

OPINION filed. Signed by Judge Anne E. Thompson on 9/8/2017. (km)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

TRENELL COLEMAN, ·

HONORABLE ANNE E. THOMPSON

Petitioner,
Civil Action
No. 09-6330 (AET)

v.
UNITED STATES OF AMERICA,

OPINION

Respondent.

-APPEARANCES:
Trenell Coleman, Petitioner Pro Se
12828050
Jesup FCI
Inmate Mail/Parcels
2600 Highway 301 South
Jesup, GA 31599
THOMPSON, District Judge:

Before the Court is Petitioner Trenell J. Coleman's motion
for release due to lack of in personam jurisdiction. Motion,
Doc.ket Entry 21.
1.

On September 12, 2002, Petitioner and several others

were charged in a seven-count indictment with various crimes
related to multiple bank robberies. They were convicted at trial
on April 10, 2003. United States v. Coleman, 3:02-CR-00320
(D.N.J.).
2.

The Court sentenced Petitioner to a term of 572 months

imprisonment on October 24, 2003.

3.

Petitioner appealed. The Third Circuit affirmed the

convictions but remanded for resentencing in light of Booker,

1

which had been decided in the period of time between sentencing
and the Third Circuit's decision.
4.

The Court ultimately resentenced Petitioner to a term

of 444 months' imprisonment on June 25, 2008.
5.

Petitioner filed another appeal, and his trial counsel

filed an Anders2 brief and request to withdraw. The Third Circuit
affirmed the

~entence

and found

~he

appeal to be frivolous.

United States v. Coleman, 575 F.3d 316 (3d Cir. 2009).

6.

Petitioner filed a motion under 28 U.S.C. § 2255 on

December 16, 2009 raising various ineffective assistance of
counsel claims. This Court denied the motion, Coleman v. United
States, No. 09-6330, 2010 WL 3359485 (D.N.J. Aug. 25, 2010), and

the Third Circuit denied a certificate of appealability, No. 111756 (3d Cir. June 15, 2011).
7.

Six years later, Petitioner filed the instant motion

for release arguing the Court lacks jurisdiction over him.
8.

On June 19, 2017, Petitioner

subrnitt~d

a money order

for $5.00 to the Clerk of the Court. Exhibit A. He wrote on the
money order: "Final payment is tendered for discharge of all
attachments, costs, and executions included in the judgement for

1

2

United States v. Booker, 543 U.S. 220 (2005).
Anders v. California, 386 U.S. 738 (1967).
2

full satisfaction of judgement #CROl-320-03. Indoresed for
accommodation. UCC 3-415." Id. The Clerk accepted the $5 and
applied it towards the ordered restitution in Petitioner's
criminal case.
9.

Petitioner argues that he satisfied his criminal

judgment in full when the Clerk accepted the $5.00, and he must
be released under the doctrine of accord and satisfaction.
Motion

<JI<JI

10.

13-15.
"The UCC governs commercial transactions and cannot be

used to upset criminal convictions, even collaterally." Amerson

v. United States, 550 F. App'x 603, 604 (10th Cir. 2013). See
also White v. United S_tates, No. 16-4243, 2016 WL 4491840, at *1
&

n.12

(E.D. Pa. Aug. 25, 2016)

(citing cases); United States v.

Mitchell, 405 F. Supp. 2d 602, 604 (D. Md. 2005)

("[T]he U.C.C.

has no bearing on criminal subject matter jurisdiction.").
Petitioner has reduced the amount he owes in restitution by $5,
nothing more.
11~

Petitioner's motion for release is denied as frivolous

as it is "based on an indisputably meritless legal theory[ .. ]"

Deutsch v. United States, 67 F.3d 1080, 1085 (3d Cir. 1995).
12.

An appropriate order follows ..

·~fev~
ANNE E. THOMPSON

~

U.S. District Judge
3