Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Young

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

March 23, 2017

United States of America, Plaintiff/Respondent,
v.
Robert Lewis Young, D-1, Defendant/Petitioner. Criminal No. 05-90039

          OPINION & ORDER DENYING MOTION UNDER 28 U.S.C. § 2255

          Sean F. Cox United States District Judge

         This matter is currently before the Court on Defendant/Petitioner Robert Lewis Young's pro se motion to vacate, set aside, or correct his sentence, pursuant to 28 U.S.C. § 2255. The Government has responded in opposition to the motion. Petitioner did not file a reply brief and the time permitted for doing so has passed. The motion is now ripe for a decision by the Court. For the reasons set forth below, the Court shall DENY the motion.

         BACKGROUND

         In Criminal Case Number 05-90030, Petitioner was charged in a multiple-count indictment with various child exploitation, child prostitution, drug, firearm, and money laundering offenses. That criminal case was assigned to the Honorable Lawrence P. Zatkoff.

         Petitioner pleaded guilty to Counts 1 through 10, 14, 15, 19, 21, 22, 24, 25 and 27 of the Indictment, which included: Sex Trafficking of Children, in violation of 18 U.S.C. § 1591(a); Sex Trafficking by Force, in violation of 18 U.S.C. § 1591(a); Transportation of a Minor for Criminal Sexual Activity, in violation of 18 U.S.C. §2423(a) & (e); Transportation for Prostitution, in violation of 18 U.S.C. § 2421; Sexual Exploitation of Children, in violation of 18 U.S.C. § 2251(a); Interstate Distribution of Child Pornography, in violation of 18 U.S.C. § 2252A(a)(1); Possession with Intent to Distribute Marijuana, in violation of 21 U.S.C. § 841(a)(1); Felon in Possession of a Firearm, in violation of 18 U.S.C. § 922(g)(1); and Use of Interstate Facility in Aid of Racketeering, in violation of 18 U.S.C. § 1952(g).

         Judge Zatkoff originally sentenced Petitioner on March 15, 2007, sentencing him to 300 months of imprisonment. (See D.E. No. 50, 3/20/07 Judgment).

         It does not appear that Petitioner filed a direct appeal.

         On October 6, 2009, the Government filed a Motion for Reduction of Sentence Pursuant to Rule 35(b) of the Federal Rules of Civil Procedure. (D.E. No. 60).

         On October 22, 2009, Judge Zatkoff issued an Amended Judgment, reducing Petitioner's sentence to 282 months of imprisonment. (D.E. No. 62).

         More than five years later, on July 1, 2016, Petitioner filed a pro se Motion to Vacate Sentence, pursuant to 28 U.S.C. § 2255. (Docket Entry No. 64). The action was reassigned to the undersigned on July 8, 2016.[1]

         Petitioner's motion purports to set forth four claims, but does so in an extremely cursory fashion (ie., stating each claim, and “the supporting facts for the claim, ” in one or two sentences total). Petitioner did not file a supporting brief, nor did he file a reply brief in support of his motion, although the Court gave him the opportunity to do so.

         The Government filed a brief in opposition to the motion on September 23, 2016. The Government construes Petitioner's motion as asserting that Petitioner is somehow entitled to relief under the Supreme Court's decision in Johnson v. United States, 135 S.Ct. 2551 (2015), wherein the Court held that the residual clause of the Armed Career Criminal Act was unconstitutionally vague. The Government opposes the motion and asks that the Court deny it.

         ANALYSIS

         As a threshold matter, it appears that Petitioner's § 2255 motion, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.