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Hawkins v. Roggenbuck

United States District Court, W.D. Michigan, Southern Division

February 9, 2017

EDDIE HAWKINS, Petitioner,
v.
JOAN ROGGENBUCK, Respondent.

          Hon. Janet T. Neff

          AMENDED REPORT AND RECOMMENDATION

          ELLEN S. CARMODY United States Magistrate Judge

         This matter is before the Court on Hawkins' petition for writ of habeas corpus. In accordance with 28 U.S.C. § 636(b) authorizing United States Magistrate Judges to submit proposed findings of fact and recommendations for disposition of prisoner petitions, the undersigned recommends that Hawkins' petition be denied.

         BACKGROUND

         As a result of events allegedly occurring on or about September 23, 2011, Petitioner was charged with: (1) solicitation to possess a chemical he knew or had reason to know would be used to manufacture a controlled substance; (2) attempted possession of a chemical he knew or had reason to know would be used to manufacture a controlled substance; and (3) conspiracy to possess a chemical he knew or had reason to know would be used to manufacture a controlled substance. (Trial Transcript, May 24, 2012 at PageID.300-01). Several individuals testified at Petitioner's jury trial. The relevant portions of their testimony are summarized below.

         Christine Van Dam

         As of September 23, 2011, Van Dam was employed as an Allegan County Deputy Sheriff. (Trial Transcript, May 24, 2012 at PageID.340). On this date, Deputy Van Dam was dispatched to a location where Sergeants Brett Ensfield and Scott Tatrow had arrested three individuals following a traffic stop. (Trial Transcript, May 24, 2012 at PageID.340-42). Specifically, Petitioner, Monica Spencer, and Janet Walker were arrested for possession of pseudoephedrine, a component used in the manufacture of methamphetamine. (Trial Transcript, May 24, 2012 at PageID.340-43). Deputy Van Dam arrived at the location and transported Monica Spencer to the Allegan County Jail. (Trial Transcript, May 24, 2012 at PageID.341-42).

         Deputy Van Dam later met with Janet Walker who, after being advised of her Miranda rights, agreed to speak with Van Dam. (Trial Transcript, May 24, 2012 at PageID.342-43). During this interview, Walker acknowledged that she knew that “the pills were ultimately going to be given to some unknown person” and that “they were the middle people and that [the pills] were going to be used to make methamphetamine.” (Trial Transcript, May 24, 2012 at PageID.380).

         Janet Walker

         On September 23, 2011, Walker drove to the residence where Petitioner and Monica Spencer lived so that the group could have a marijuana “smoke session.” (Trial Transcript, May 24, 2012 at PageID.347-50). After smoking marijuana for some time, Petitioner and Spencer offered Walker “gas money” if she would agree to drive the group to a store to purchase pseudoephedrine pills. (Trial Transcript, May 24, 2012 at PageID.350-55, 371-72). Walker understood that pseudoephedrine was used in the manufacture of methamphetamine and sold “in the streets” for as much as forty dollars per box. (Trial Transcript, May 24, 2012 at PageID.353-54). Petitioner and Spencer wanted to purchase pseudoephedrine to resell on the street. (Trial Transcript, May 24, 2012 at PageID.349-53).

         The group traveled to Wal-Mart first. (Trial Transcript, May 24, 2012 at PageID.354-55). Walker and Spencer soon exited the store, however, because the “line was too long.” (Trial Transcript, May 24, 2012 at PageID.355-56). Walker and Spencer drove to Walgreens where each purchased one box of pseudoephedrine. (Trial Transcript, May 24, 2012 at PageID.356-57). Petitioner remained at Wal-Mart, but was unable to purchase pseudoephedrine because he provided the pharmacy clerk with the “wrong I.D.” (Trial Transcript, May 24, 2012 at PageID.356-57). After Petitioner exited Wal-Mart and returned to the vehicle, Walker and Spencer returned to Wal-Mart where each purchased one box of pseudoephedrine. (Trial Transcript, May 24, 2012 at PageID.357). As the group was driving back home, they were stopped by the police and arrested. (Trial Transcript, May 24, 2012 at PageID.358).

         Monica Spencer

         On September 23, 2011, Janet Walker joined Spencer and Petitioner to smoke marijuana. (Trial Transcript, May 24, 2012 at PageID.382-86). The group later drove to a store to purchase pseudoephedrine. (Trial Transcript, May 24, 2012 at PageID.386-87). Spencer was going to purchase pills at the behest of a man named Ricky who wanted the pills to facilitate the manufacture of methamphetamine. (Trial Transcript, May 24, 2012 at PageID.387-89). Spencer did not intend to re-sell the pills, however. (Trial Transcript, May 24, 2012 at PageID.387-88). Instead, Spencer intended to simply give the pills to Ricky because he was like a brother to her. (Trial Transcript, May 24, 2012 at PageID.387-88). Walker, on the other hand, planned to sell her share of the pills in an effort to make money. (Trial Transcript, May 24, 2012 at PageID.388). Petitioner was not part of this plan and was not going to purchase any pseudoephedrine. (Trial Transcript, May 24, 2012 at PageID.389). Petitioner was nevertheless aware that it was illegal to purchase pseudoephedrine and re-sell it to others. (Trial Transcript, May 24, 2012 at PageID.396).

         Brett Ensfield

         As of September 23, 2011, Ensfield was employed as a Sergeant with the Allegan Country Sheriff's Department. (Trial Transcript, May 24, 2012 at PageID.411-21). On this date, Ensfield was dispatched to investigate a group of individuals “suspiciously” attempting to purchase pseudoephedrine. (Trial Transcript, May 24, 2012 at PageID.420-22). Sergeant Ensfield soon thereafter spotted Janet Walker's vehicle and initiated a traffic stop. (Trial Transcript, May 24, 2012 at PageID.422-24). Ensfield made contact with Walker who was unable to produce a driver's license or other identification. (Trial Transcript, May 24, 2012 at PageID.424-25). Ensfield instructed Walker to exit the vehicle. (Trial Transcript, May 24, 2012 at PageID.425-26). By this time at least one other law enforcement officer had arrived on the scene and was dealing with Petitioner and Monica Spencer. (Trial Transcript, May 24, 2012 at PageID.426-27).

         After obtaining Walker's consent, Ensfield searched her vehicle and discovered four boxes of pseudoephedrine. (Trial Transcript, May 24, 2012 at PageID.427-28). Sergeant Ensfield spoke with Monica Spencer who admitted that “she had purchased pseudoephedrine and that it was going to be used for methamphetamine.” (Trial Transcript, May 24, 2012 at PageID.430). Spencer further indicated that she was going to sell the pills “to a white guy from Kalamazoo.” (Trial ...


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