Gates v. United States of America
Filing
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ORDER denying Petitioner's 2 Motion to Appoint Counsel. Within 45 days of such service, the Government shall file and serve an answer. Signed by U.S. District Judge John C Coughenour. (LH) CC to Petitioner via mail on 8/31/2020.
THE HONORABLE JOHN C. COUGHENOUR
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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CHRISTOPHER M. GATES,
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PETITIONER,
ORDER
v.
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CASE NO. C20-0446-JCC
UNITED STATES OF AMERICA,
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RESPONDENT.
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This matter comes before the Court on Petitioner Christopher M. Gates’s motion under
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28 U.S.C. § 2255 to vacate, set aside, or correct his sentence (Dkt. No. 1) and his motion to
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appoint counsel (Dkt No. 2). Having considered the motions and the relevant record, the Court
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hereby DENIES Gates’s motion to appoint counsel and ORDERS service and an answer by the
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Government as to the first ground for relief in Gates’s § 2255 petition.
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I.
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BACKGROUND
In the early morning of June 7, 2015, Lake Forest Police Officer Robert Gross was
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conducting an area check at the Déjà Vu Adult Cabaret in Lake Forest Park, Washington. See
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United States v. Gates, Case No. CR15-0253-JCC, Dkt. No. 95 at 2. Officer Gross saw a man,
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later identified as Gates, reclining in the driver’s seat of a car that was parked in the lot. Id. Gates
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appeared to be asleep. Id. Officer Gross approached Gates’s car and saw a black pistol in the
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front passenger seat. Id. Fearing that Gates had been planning to rob Déjà Vu’s female
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employees, Officer Gross roused and detained Gates with the assistance of other officers. Gates,
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Case No. CR15-0253-JCC, Dkt. No. 37 at 3. During the encounter, Gates gave his driver’s
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license to the officers, and they requested dispatch check Gates’s name. Id. at 3–4. Dispatch
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reported that Gates was a convicted felon and was prohibited from possessing any firearms. See
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id. at 4. Upon receiving the report, Officer Gross arrested Gates for unlawful possession of a
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firearm. Id. Gates posted bail and was released. Id. at 7.
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On June 22, 2015, the police pulled Gates over for driving without a front license plate.
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Id. Although Gates was out on bail, the police’s records erroneously showed that Gates had an
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active felony warrant. Id. The police arrested Gates and discovered Alprazolam, a controlled
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substance, in Gates’s front pants pocket. Id. The police also impounded and subsequently
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searched Gates’s vehicle. Id. at 9. The search uncovered crack cocaine and another firearm. Id.
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On July 17, 2015, Gates was charged with two counts of felon in possession of a firearm
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and two counts of possession of a controlled substance. Gates, Case No. CR15-0253-JCC, Dkt.
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No. 1 at 1–2. Gates subsequently moved to suppress the evidence that the police seized on June
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7, 2015, on the following grounds: (1) Officer Gross lacked legal authority to be in the Déjà Vu
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Parking Lot; (2) the officers lacked the requisite suspicion to conduct a Terry stop; and (3) even
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if the initial Terry stop was proper, the officers arrested Gates without probable cause when they
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put him in handcuffs. See Gates, Case No. CR15-0253-JCC, Dkt. No. 91 at 2–5. The Court
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denied the motion after considering and rejecting each ground. See Gates, Case No. CR15-0253-
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JCC, Dkt. Nos. 38 at 4–8, 91 at 2–5. The Court also denied Gates’s motion to suppress the
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evidence that the police seized after impounding his car. See Gates, Case No. CR15-0253-JCC,
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Dkt. No. 91 at 6–8.
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On November 29, 2016, the Court found Gates guilty following a bench trial with
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stipulated facts. See Gates, Case No. CR15-0253-JCC, Dkt. Nos. 95–96. The Court sentenced
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Gates to time served and imposed a three-year period of supervised release. See Gates, Case No.
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CR15-0253-JCC, Dkt. No. 104 at 1–3. Gates appealed to the Ninth Circuit. See generally United
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States v. Gates, 755 F. App’x 649 (9th Cir. 2018). In his appeal, Gates argued that the evidence
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from the June 7 search should be suppressed for the following reasons: (1) the officers lacked
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reasonable suspicion for the Terry stop that led the officers to seize Gates’s gun; (2) the officers
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arrested Gates without probable cause when they put him in handcuffs; and (3) Gates gave his
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driver’s license to the officers involuntarily. See id. at 650–51. The Ninth Circuit concluded that
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the first and second challenge lacked merit. See id. The Ninth Circuit declined to reach the merits
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of Gates’s third challenge because Gates had not properly raised the issue before the Court. See
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id. at 651. However, the Ninth Circuit concluded that the police improperly searched Gates’s
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impounded vehicle. See id. at 651–52. Accordingly, the Ninth Circuit vacated Gates’s sentence
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and remanded the case. Id.
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Upon remand, the Court dismissed two of the counts against Gates and resentenced him
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to time served plus three years of supervised release. See Gates, Case No. CR15-0253-JCC, Dkt.
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Nos. 130 at 1, 133 at 1–3. Gates now seeks to challenge his amended sentence under 28 U.S.C.
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§ 2255. (Dkt. No. 1.)
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II.
DISCUSSION
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A.
Legal Standard
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To state a cognizable § 2255 claim, a petitioner must assert that he or she is in custody in
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violation of the Constitution or laws of the United States, that the district court lacked
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jurisdiction, that the sentence exceeded the maximum allowed by law, or that the sentence is
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otherwise subject to collateral attack. 28 U.S.C. § 2255(a). Before directing service and answer
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to a § 2255 petition, the Court must determine whether the motion, the files, and the records of
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the case “conclusively show that the prisoner is entitled to no relief.” 28 U.S.C. § 2255(b).
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B.
Gates’s Grounds for Relief
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In his § 2255 petition, Gates raises four grounds for relief: (1) the officers involuntarily
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seized his identification, which lead to the probable cause for his arrest; (2) the officers de-facto
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arrested him; (3) the officers had no reasonable suspicion for a Terry stop; and (4) the basis for
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the Terry stop was illegal because the officers did not have a right to be in the Déjà Vu parking
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lot after hours. (See Dkt. No. 1 at 4–8.) The Court concludes that while service and answer by the
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Government is warranted on the first ground, Gates is not entitled to relief on the other grounds.
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1.
Ground One
When Gates was first before the Court, he never argued that the officers involuntarily
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seized his identification. See Gates, 755. F. App’x at 651. As a result, the Ninth Circuit
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concluded that Gates waived the argument. See id. This waiver might also bar Gates from raising
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the argument in a § 2255 petition. See Egger v. United States, 509 F.2d 745, 749 (9th Cir. 1975).
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However, the record does not conclusively establish whether Gates’s argument is barred.
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Accordingly, the Court ORDERS the Government to file and serve an answer addressing Gates’s
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first ground for relief.
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2.
Ground Two
The Court and the Ninth Circuit rejected Gates’s argument that the officers “de-facto”
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arrested him before they learned that he was a convicted felon who was prohibited from
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possessing firearms. See Gates, Case No. CR15-0253-JCC, Dkt. No. 37 at 6–7; Gates, 755 F.
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App’x at 651. Accordingly, Gates may not relitigate the argument in a § 2255 petition absent a
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change in the law or a manifest injustice. See Polizzi v. United States, 550 F.2d 1133, 1136 (9th
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Cir. 1976). Neither are present here. Accordingly, the Court DISMISSES Gates’s second ground
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for relief. The Court also finds that no reasonable jurist would disagree that Gates’s second
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ground for relief is baseless. The Court therefore DENIES a certificate of appealability as to that
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ground. See 28 U.S.C. § 2253(c)(3); Miller-El v. Cockrell, 537 U.S. 322, 327 (2003).
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3.
Ground Three
The Court and the Ninth Circuit likewise rejected Gates’s claim that the officers lacked
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reasonable suspicion for a Terry stop. See Gates, Case No. CR15-0253-JCC, Dkt. Nos. 38 at 4–8,
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91 at 2–5; Gates, 755 F. App’x at 650–51. The legal basis for those decisions remains sound.
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Accordingly, the Court DISMISSES Gates’s third ground for relief. The Court also finds that no
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reasonable jurist would disagree that Gates’s third ground for relief is baseless. The Court
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therefore DENIES a certificate of appealability as to that ground. See 28 U.S.C. § 2253(c)(3);
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Miller-El, 537 U.S. at 327.
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4.
Ground Four
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On his appeal to the Ninth Circuit, Gates’s failed to raise the argument that the officers
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did not have a right to be in the Déjà Vu parking lot after hours. But the Court had considered
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and rejected the argument prior to Gates’s appeal, noting that Officer Gross had testified that he
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was in the parking lot at Déjà Vu’s request and that Gates lacked a reasonable expectation of
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privacy while sleeping in the parking lot. See Gates, Case No. CR15-0253-JCC, Dkt. No. 91 at
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2–3. The Court can find no change to the law that would make it rethink its prior decision.
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Accordingly, the Court DISMISSES Gates’s fourth ground for relief. The Court also finds that
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no reasonable jurist would disagree that Gates’s fourth ground for relief is baseless. The Court
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therefore DENIES a certificate of appealability as to that ground. See 28 U.S.C. § 2253(c)(3);
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Miller-, 537 U.S. at 327.
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C.
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Gates also moves for the Court to appoint counsel. (Dkt. No. 2.) There is no general right
Motion to Appoint Counsel
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to have counsel appointed in cases brought under § 2255 unless an evidentiary hearing is
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required. See Terrovona v. Kincheloe, 852 F.2d 424, 429 (9th Cir. 1988). The Court may,
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however, exercise its discretion to appoint counsel for a financially eligible individual where the
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“interests of justice so require.” 18 U.S.C. § 3006A.
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It would be premature to appoint counsel at this time. The Court has not yet considered
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whether an evidentiary hearing is necessary, and the interests of justice do not require Gates to
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have counsel at this time. Accordingly, the Court DENIES Petitioner’s motion to appoint counsel
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(Dkt. No. 5).
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III.
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CONCLUSION
For the foregoing reasons, the Court ORDERS as follows:
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1. If not previously accomplished, electronic posting of this order and petition shall effect
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service upon the United States Attorney of copies of Gates’s § 2255 motion and of all
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documents in support thereof.
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2. Within 45 days of such service, the Government shall file and serve an answer in
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accordance with Rule 5 of the Rules Governing § 2255 Cases in United States District
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Courts. The Government must limit its answer to Gates’s first ground for relief. In
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addition, the Government must state whether it believes that an evidentiary hearing is
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necessary, whether there is any issue as to abuse or delay under Rule 9, and whether
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Gates’s motion is barred by the statute of limitations.
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3. On the face of the answer, the Government must note the answer for the Court’s
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consideration on the fourth Friday after the answer is filed. Gates must file and serve any
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reply to the answer no later than that noting date.
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4. Petitioner’s motion to appoint counsel (Dkt. No. 2) is DENIED.
DATED this 28th day of August 2020.
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John C. Coughenour
UNITED STATES DISTRICT JUDGE
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ORDER
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