United States District Court, W.D. Michigan, Northern Division
ROBERT HOLMES BELL UNITED STATES DISTRICT JUDGE.
matter comes before the Court on Movant's motion to
vacate, set aside or correct sentence under 28 U.S.C. §
2255. (ECF No. 1.) On October 7, 2016, the Government filed a
response in opposition. (ECF No. 15.) For the reasons that
follow, Movant's § 2255 motion is denied.
10, 2014, a grand jury returned an indictment charging Movant
with possession of cocaine with intent to distribute, in
violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C).
(United States v. Hanson, No. 2:14-cr-24,
Indictment, ECF No. 11, PageID.20.) Movant signed a plea
agreement, but it was not filed with the Court. (Id.
at ECF No. 10-8, PageID.71.) On September 9, 2014, a grand
jury returned a superseding indictment that added a charge of
conspiracy to distribute and possess with intent to
distribute heroin and cocaine, in violation of 21 U.S.C.
§§ 846, 841(a)(1) and (b)(1)(C), as well as a
charge of distribution of heroin in violation of 21 U.S.C.
§ 841(a)(1) and (b)(1)(C). (Id. at ECF No. 23,
October 24, 2014, Movant pleaded guilty to count 3 of the
superseding indictment, possession of cocaine with intent to
distribute. (Id. at ECF No. 30.) As part of her
revised plea agreement, Movant agreed to fully cooperate with
law enforcement. (Id. at PageID.50.) In return, the
Government agreed (1) to dismiss the other counts against
her, (2) not to oppose a request for acceptance of
responsibility, (3) not to prosecute her for other drug
trafficking activities that she had previously disclosed to
the government, (4) to forego filing a Supplemental
Information under 21 U.S.C. § 851, and (5) to consider
filing motions to reduce her sentence to reflect her
cooperation. (Id.) The plea agreement also included
a limited waiver of appellate rights. (Id. at
PageID.56-57.) Movant signed the plea agreement immediately
after the following paragraph:
I have read this agreement and carefully discussed every part
of it with my attorney. I understand the terms of this
agreement, and I voluntarily agree to those terms. My
attorney has advised me of my rights, of possible defenses,
of the sentencing provisions, and of the consequences of
entering into this agreement. No promises or inducements have
been made to me other than those contained in the agreement.
No one has threatened or forced me in any way to enter into
this agreement. Finally, I am satisfied with the
representation of my attorney in this matter.
(Id. at PageID.59-60.) Movant also initialed each
page of the plea agreement. (Id.)
addition, Movant's trial counsel mailed her a letter that
summarized the plea agreement and told her what to expect at
the plea hearing. (ECF No. 10-7, PageID.67-70.) Movant signed
the letter in acknowledgment of the consequences of the plea
I, Rachel Hanson, have read and understand this letter
concerning the procedures I can expect at the plea hearing.
My attorney has advised me of the consequences of entering a
guilty plea, has reviewed with me to my satisfaction the
written plea agreement, has discussed with me the application
of the United States sentencing guidelines, and has discussed
with me any questions I may have about this matter.
(Id. at PageID.70.) On October 27, 2014, Movant
entered her guilty plea. (Id. at ECF No. 37.) During
the hearing, United States Magistrate Judge Timothy Greeley
asked Movant several questions about counsel's
THE COURT: Have you had an adequate opportunity to read and
review the entire plea agreement with your attorney?
DEFENDANT: Yes, sir.
THE COURT: Have you had an adequate opportunity to ask him
THE COURT: Has he answered all your questions for you?
THE COURT: Are you satisfied with the representation he's
provided for you?
THE COURT: You've got to speak up just a ...