Washington v. United States of America
MEMORANDUM OPINION AND ORDER adopting and incorporating the 41 Proposed Findings and Recommendation; denying the 36 section 2255 motion; and directing that this action be dismissed. Signed by Judge John T. Copenhaver, Jr. on 5/29/2014. (cc: movant; attys; United States Magistrate Judge) (taq)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
CIVIL ACTION NOS. 2:13-22752
(Criminal No. 2:12-0065)
UNITED STATES OF AMERICA,
MEMORANDUM OPINION AND ORDER
Pending is the movant’s motion pursuant to 28 U.S.C. §
2255, filed September 10, 2013.
This action was previously
referred to the Honorable R. Clarke VanDervort, United States
Magistrate Judge, for submission to the court of his Proposed
Findings and Recommendation (“PF&R”) for disposition pursuant to
28 U.S.C. § 636.
On February 29, 2012, the United States filed a
single-count information charging the movant with a violation of
18 U.S.C. § 1349 and 2.
On April 2, 2012, the movant pled
guilty to the charged offense.
On August 27, 2012, she was
sentenced to a twenty-four (24) month term of imprisonment, a
three-year term of supervised release, restitution in the amount
of $558,412.36, and a $100 special assessment.
She did not
appeal from the Judgment.
On November 19, 2013, the magistrate judge filed his
proposed findings and recommendation (“PF&R”).
judge recommends that the court deny the movant’s section 2255
Movant requested an extension of time to file her
objections, noting the recent appearance of counsel to represent
her in this matter.
The court granted an extension until
January 20, 2014, the date that the objections were received.
Movant’s objections, however, do not counter the magistrate
judge’s well-reasoned discussion.
The one and one-half page objections do not take issue
with any of the principles on which the magistrate judge relied
in the PFR, all of which were appropriately applied in rejecting
the claims contained in the § 2255 motion.
The movant merely
[P]etitioner believes that treating her as a
principal in the same vein as Ms. Farmer was
erroneous, that her counsel should have
objected and that her sentencing should be
reduced by at least two levels.
The reference to two levels is to the USSG § 2B1.1(b)(1)
enhancement of twelve for a loss ranging from $200,000 to
$400,000, instead of the enhancement of fourteen applied here
for a loss of $400,000 to $1,000,000.
Even the movant in her
objections acknowledges that the amount attributable to her in
this conspiracy would, using her figures, reach at least
$488,000 when there is counted not only some $288,000 for those
the defendant recruited or assisted, but also an amount of some
$200,000 for those that were in turn recruited by them.
The minimal discussion of ineffective counsel does not
approach the rigorous showing demanded under Strickland v.
Washington, 466 U.S. 668 (1984), and its progeny.
accordingly, concludes that movant’s objections lack merit.
Based upon a de novo review, and having found the
objections meritless, the court adopts and incorporates herein
the magistrate judge’s PF&R.
The court, accordingly, ORDERS
that the section 2255 motion be, and hereby is, denied.
further ORDERED that this action be, and it hereby is,
The Clerk is directed to forward copies of this
written opinion and order to the movant, all counsel of record,
and the United States Magistrate Judge.
DATED: May 29, 2014
John T. Copenhaver, Jr.
United States District Judge
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