United States District Court, E.D. Michigan, Southern Division
OPINION AND ORDER DENYING PETITIONER'S 28 U.S.C.
§ 2255 MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE
[#100] AND DECLINING TO ISSUE A CERTIFICATE OF
GERSHWIN A. DRAIN, UNITED STATES DISTRICT COURT JUDGE
January 22, 2019, Petitioner Marvin Lamont Jenkins filed a
Motion to Vacate, Set Aside, or Correct Sentence pursuant to
28 U.S.C. § 2255. Petitioner argues that his trial
counsel provided ineffective assistance of counsel because he
(1) failed to properly advise Petitioner about his decision
to plead guilty, (2) failed to seek a more advantageous plea
offer, (3) failed to discuss and explain the presentence
investigation report (PSR) prior to sentencing, (4) failed to
file substantive objections to the PSR, (5) failed to argue
that Petitioner had a minor role and was entitled to a
sentence reduction and (6) failed to consult with him
concerning an appeal.
April 8, 2019, the Government filed its Response in
Opposition arguing that Petitioner's claims are
conclusory and lack factual details, as well as belied by the
record in this matter. Petitioner filed a Reply brief in
support of his § 2255 motion on May 28, 2019. For the
reasons that follow, the Court will deny Petitioner's 28
U.S.C. § 2255 petition.
March 31, 2016, a grand jury returned a three count
indictment against Petitioner charging him with conspiracy to
possess with intent to distribute and to distribute cocaine;
possession with intent to distribute cocaine; and possession
of a firearm in furtherance of a drug trafficking crime.
13, 2017, Petitioner appeared for a final pretrial
conference, which was also the plea cutoff date. At the
hearing, the Government indicated that Petitioner could plead
guilty to possession with intent to distribute cocaine and
the firearm offense, counts II and III, and the government
would dismiss the conspiracy charge, count I. The Government
further noted that the plea offer would have required
Petitioner to serve a mandatory minimum of 15 years
imprisonment and his projected guideline range was 180 to 195
months. Petitioner rejected this offer after discussing it
with his attorney. ECF. No. 107 at PgID 794-96.
18, 2017, the morning of trial, Petitioner accepted an
amended offer that allowed him to plead guilty to possession
with intent to distribute cocaine only, with a guideline
range of 135 to 158 months and an agreed-upon sentence of 156
months imprisonment. The Court indicated on the record that
the plea agreement was pursuant to Fed. R. Crim. P.
11(c)(1)(C), thus the Court would be bound to the sentence
the parties agreed upon. ECF. No. 108 at PgID 811-13, 819.
Petitioner acknowledged his understanding that his sentence
would be thirteen years in prison. Id. at 819.
filed a timely objection to the PSR related to
Petitioner's education level. On December 14, 2017, the
Court sentenced Petitioner to 156 months imprisonment.
Petitioner's judgment was entered on January 1, 2018.
Petitioner did not file a notice of appeal.
facts giving rise to this action began in early March of 2016
when the Detroit office of the Drug Enforcement
Administration (DEA) was alerted that Petitioner's
co-defendant, Jorge Duarte, was en-route via an Amtrak train
to Detroit to conduct a large-scale narcotics transaction. On
March 5, 2016, Duarte arrived at the Amtrak station where he
was picked up by Petitioner, who was driving a Ford F-150
pick-up truck that he had rented. Petitioner drove with
Duarte to a hotel in Southfield, paid cash to rent a room at
a hotel, where he dropped Duarte off.
March 6, 2016, agents observed Petitioner on two separate
occasions carrying luggage into the hotel room occupied by
Duarte. On the first occasion, Petitioner took in a small
black duffle bag with grey accents. On the second occasion,
Petitioner struggled with the weight of the luggage, wheeling
in a large duffle bag. Pursuant to a search warrant, those
pieces of luggage were later located in the hotel room rented
by Petitioner. The luggage contained a heat sealer, money
counter, and $820, 113.00 in United States currency.
delivering the large duffle bag to the hotel room, Petitioner
and Duarte traveled to a gas station in Dexter, Michigan
where they briefly met with occupants of a semi-truck to
obtain the cocaine. Immediately following the meeting,
Petitioner dropped Duarte off at the hotel. After Petitioner
left the hotel, a Southfield police officer, working under
the supervision of DEA agents, conducted a traffic stop. A
canine, trained to detect the odor of narcotics, positively
indicated to the presence of drugs inside Petitioner's
rental vehicle. During a search of the vehicle, officers
found 24 kilograms of cocaine in the back seat in a large
duffle bag. Additionally, Petitioner had a loaded firearm,
which he turned over to law enforcement, along with his
concealed pistol license (CPL) paperwork.
his arrest, Petitioner gave a post Miranda statement
to law enforcement officers. He admitted in detail his role
in the conspiracy dating back to December 2015. Petitioner
admitted to acting as an intermediary, facilitating
large-scale drug transactions between a Mexican source of
supply and an identified metro Detroit based customer.
Petitioner admitted that in addition to the 24 kilograms of
cocaine he was arrested with, he facilitated two other 24
kilogram quantity transactions between the parties. The first
sale of 24 kilograms of cocaine occurred in December 2015,
for which the Petitioner negotiated a price of $34, 000 per
kilogram of cocaine. In February 2016, when the second
shipment of 24 kilograms of cocaine was sent, the negotiated
price decreased to $32, 000 per kilogram.
each transaction, Petitioner would rent a hotel room for
Duarte, where he would drop him off after his arrival in
Detroit. Petitioner would receive cash from the buyer and
deliver it to the hotel room for Duarte to count. Petitioner
would meet with the truck driver to receive the cocaine,
which he would then deliver to the Detroit based distributor.
For his role in the conspiracy, Petitioner indicated he was
paid $500 per kilogram. In total, Petitioner admitted to
conspiring to distribute, and personally transporting at
least 72 kilograms of cocaine, handling more than 2 million
dollars in U.S. currency, and personally profiting at least
$36, 000 for his role.
LAW & ANALYSIS
Title 28 U.S.C. § 2255
order to obtain relief pursuant to 28 U.S.C. § 2255,
Petitioner must allege: (1) an error of constitutional
magnitude, (2) a sentence was imposed outside the federal
statutory limits; or (3) an error of fact or law that was so
fundamental as to render the entire criminal proceeding
invalid. Moss v. United States, 323 F.3d 445, 454
(6th Cir. 2003). The Court may summarily deny § 2255
relief “without conducting an evidentiary hearing
[where] ‘the motion and the files and records of the
case conclusively show that ...