COLEMAN v. UNITED STATES OF AMERICA
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
No. 09-6330 (AET)
UNITED STATES OF AMERICA,
Trenell Coleman, Petitioner Pro Se
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.
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
The Court sentenced Petitioner to a term of 572 months
imprisonment on October 24, 2003.
Petitioner appealed. The Third Circuit affirmed the
convictions but remanded for resentencing in light of Booker,
which had been decided in the period of time between sentencing
and the Third Circuit's decision.
The Court ultimately resentenced Petitioner to a term
of 444 months' imprisonment on June 25, 2008.
Petitioner filed another appeal, and his trial counsel
filed an Anders2 brief and request to withdraw. The Third Circuit
appeal to be frivolous.
United States v. Coleman, 575 F.3d 316 (3d Cir. 2009).
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).
Six years later, Petitioner filed the instant motion
for release arguing the Court lacks jurisdiction over him.
On June 19, 2017, Petitioner
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
United States v. Booker, 543 U.S. 220 (2005).
Anders v. California, 386 U.S. 738 (1967).
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
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.
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