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United States v. Sain

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

December 17, 2019

UNITED STATES OF AMERICA, Plaintiff/Respondent,
v.
ALAN SAIN, Defendant/Petitioner.

          OPINION AND ORDER DENYING PETITIONER'S MOTION TO CORRECT, SET ASIDE AND/OR VACATE CONVICTION OR SENTENCE PURSUANT TO 28 U.S.C. § 2255(f)(3) [22, 26, 29]

          Nancy G. Edmunds, United States District Judge.

         Before the Court is Petitioner Alan Sain's motion to vacate, set aside or correct sentence under 28 U.S.C. § 2255, motion to amend, and reply to Government's response. (ECF nos. 22, 26, 29.) The Court has jurisdiction over this motion pursuant to 28 U.S.C. § 2255, based on Petitioner's negotiated Rule 11 plea agreement in this Court on August 1, 2006. (ECF no. 16.) This Court is familiar with the previous proceedings, has reviewed the pleadings and supporting documentation, and Petitioner has suggested no evidence to support his motion. The motion, files and records of the case conclusively show that the Petitioner is entitled to no relief; Petitioner's claims do not raise a factual dispute and the Court finds that an evidentiary hearing on this matter is not necessary. See 28 U.S.C. § 2255(b). The Court has reviewed these pleadings and denies Petitioner's motion with prejudice.

         I. Background Facts and Procedural History

         The following facts were the basis for Petitioner's 2006 guilty plea in the Rule 11 agreement and are consistent with the facts set forth by the Government in its response:

In or about January of 2006 in the Eastern District of Michigan, Southern Division, defendant ALAN SAIN, created digital pictures of a 5 year old girl that involved a lascivious display of her genital area while she was in his care as her babysitter. On or about March 15, 2006, also in the Eastern District of Michigan, Defendant SAIN shipped the pictures or images, knowing that they contained child pornographic content, via computer and the internet, in interstate commerce. The images were sent to an undercover agent SAIN had been in communication with regarding his interest in having sexual contact with her "young daughter." Following his arrest, a search warrant was executed and SAIN was found to be in possession of additional child pornographic images which depicted real children.

(Rule 11 Plea Agr. 3-4, ECF no. 16; Gov't Resp. to Def.'s Mot. 1-2, ECF no. 28.)

         Petitioner's counts of conviction were sexual exploitation of children under 18 U.S.C. § 2251(a) (Count 1), transportation/shipment of child pornography under 18 U.S.C. § 2252A(a)(1) (Count 2), and possession of child pornography under 18 U.S.C. § 2252A(a)(5)(B) (Count 3). (Judgment, ECF no. 18.) Petitioner was sentenced to 300 months on Count 1, 240 months on Count 2 and 120 months on Count 3, to run concurrent. (Id.) Judgment was entered in this case November 17, 2006. (Judgment, ECF no. 18.)

         II. Standard

         Petitioner brought this motion to correct, set aside and/or vacate his sentence pursuant to Title 28 U.S.C. § 2255(f)(3) on August 10, 2018. 28 U.S.C. § 2255 allows a prisoner in custody under sentence of a federal court to "move the court which imposed the sentence to vacate, set aside or correct the sentence" when "the sentence was imposed in violation of the Constitution or laws of the United States, or that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack." 28 U.S.C. § 2255(a). Petitioner generally has one year following the judgment of conviction in which to bring such a motion.

(f) A 1-year period of limitation shall apply to a motion under [section 2255]. The limitation period shall run from the latest of-
(1) the date on which the judgment of conviction becomes final;
(2) the date on which the impediment to making a motion created by governmental action in violation of the Constitution or laws of the United States is removed, if the movant was prevented from making a motion by such governmental action;
(3) the date on which the right asserted was initially recognized by the Supreme Court, if that right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or
(4) the date on which the facts supporting the claim or claims presented could have been discovered through the ...

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