Banks v. United States of America

Filing 124

MEMORANDUM OPINION AND ORDER denying Petitioner's 123 PETITION For Writ of Error as to Jermaine Donnell Banks. Signed by Senior Judge David A. Faber on 9/12/2017. (cc: Petitioner, attys) (mk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
JERMAINE DONNELL BANKS,
Petitioner,
v.

CIVIL ACTION NO. 1:16-09822
CRIMINAL ACTION NO. 1:07-00157

UNITED STATES OF AMERICA,
Respondent.

MEMORANDUM OPINION AND ORDER
On May 26, 2017, this court denied Petitioner’s Petition
for Writ of Audita Querela.

See Doc. Nos. 120—21.

On June 30,

2017, Petitioner sought a Writ of Error under Rule 52(b) of the
Federal Rules of Criminal Procedure.

Rule 52(b) states: “A

plain error that affects substantial rights may be considered
even though it was not brought to the court’s attention.”
Petitioner argues that it was plain error for the court to have
accepted his plea agreement since Petitioner supposedly did not
understand that he was leaving himself open to the 192-month
sentence he ended up receiving.

See Doc. No. 123.

This is, at best, buyer’s remorse on Petitioner’s part.
Since there is no credible evidence whatsoever that Petitioner
was coerced or improperly induced to accept the plea agreement
or that he misunderstood its terms, this court cannot now
conclude that Petitioner did not knowingly, intelligently and

voluntarily enter his plea.

See, e.g., North Carolina v.

Alford, 400 U.S. 25, 37—38 (1970); Parker v. North Carolina, 397
U.S. 790, 797—98 (1970).
Consequently, Petitioner’s Petition for Writ of Error is
DENIED.
The Clerk is further directed to forward a copy of this
Memorandum Opinion and Order to counsel of record and to
Petitioner.
It is SO ORDERED this 12th day of September, 2017.

ENTER:
David A. Faber
Senior United States District Judge

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