United States District Court, D. Oregon
BROWN Assistant Federal Public Defender Attorney for
F. ROSENBLUM Attorney General NICK M. KALLSTROM Assistant
Attorney General Department of Justice Attorneys for
OPINION AND ORDER
J. BROWN United States District Judge.
an inmate at the Eastern Oregon Correctional Institution,
brings this habeas corpus action pursuant to 28 U.S.C. §
2254. For the reasons that follow, the Court DENIES the
Petition for Writ of Habeas Corpus (ECF No. 2).
November 5, 2010, a Douglas County grand jury indicted
Petitioner on four charges of Sodomy in the First Degree and
four charges of Sexual Abuse in the First Degree. Resp. Exh.
102. Petitioner entered into a plea agreement whereby he
agreed to plead guilty to one count of Sodomy in the First
Degree and two counts of Sexual Abuse in the First Degree.
Resp. Exh. 103. The plea petition signed by Petitioner
specified that the sentence for one of the Sexual Abuse
convictions would run concurrently with the sentence imposed
for the Sodomy conviction, but that the parties were free to
argue whether the sentence imposed for the second Sexual
Abuse conviction would run concurrently or consecutively.
Resp. Exh. 103.
change of plea hearing, the trial judge engaged in a colloquy
with Petitioner during which Petitioner stated he understood
everything contained in the plea petition, the maximum
sentences that could be imposed upon him, and the trial
rights he was giving up. Resp. Exh. 104, pp. 10-14. He also
stated he was pleading guilty because he was, in fact, guilty
of the charged crimes. Resp. Exh. 104, pp. 10-14. The trial
court found Petitioner's guilty plea was made knowingly,
intelligently, and voluntarily. Resp. Exh. 104, p. 14.
sentencing, the trial judge imposed the mandatory-minimum
sentence of 100 months of imprisonment on the Sodomy
conviction and 75 months of imprisonment on each of the two
Sexual Abuse convictions. Resp. Exh. 101. Consistent with the
plea agreement, the trial court imposed one of the Sexual
Abuse sentences to run concurrently with the Sodomy sentence
and the other to run consecutively, for a total sentence of
175 months of imprisonment. Resp. Exh. 101.
filed a direct appeal, but later moved to dismiss the appeal.
Resp. Exh. 105. Petitioner then filed a petition for state
post conviction relief ("PCR") alleging several
claims of ineffective assistance of trial counsel. Resp. Exh.
107. Following an evidentiary hearing, the PCR trial court
denied relief. Resp. Exh. 121. Petitioner appealed, asserting
one claim for relief, that the PCR trial court's judgment
failed to comply with Oregon law. Resp. Exh. 122. The Oregon
Court of Appeals affirmed without opinion and the Oregon
Supreme Court denied review. Blackketter v.
Amsberry, 272 Or.App. 181, 356 P.3d 1171, rev.
denied, 358 Or. 145, 363 P.3d 1287 (2015).
December 28, 2015, Petitioner filed his Petition for Writ of
Habeas Corpus with this Court. Petitioner alleges four
grounds for relief:
One: Ineffective Assistance of Trial Counsel.
Counsel threatened me with 120 years if I refused plea Deal.
Facts: Counsel met with me and advised me to accept
the plea offer or would likely receive 120 years if I took it
Two: Trial Counsel refused to meet with me for more
than 10 minutes this pressured me to make decision to take
the plea deal.
Facts: Trial counsel met with me for 10 minutes or
less to discuss the plea agreement I did not have sufficient