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. Bradshaw

United States District Court, D. Oregon

March 6, 2017

UNITED STATES OF AMERICA
v.
EDMUND KEITH BRADSHAW, Defendant.

          OPINION AND ORDER

          Michael McShane United States District Judge

         Defendant Edmund Keith Bradshaw moves to modify his federal prison sentence of 46 months imposed on September 9, 1997 after a plea of guilty to bank robbery. Bradshaw seeks to modify his sentence to run concurrent with his 250-month state prison sentence. Bradshaw alleges this modification will allow him to participate in rehabilitation programs that he currently cannot enter with his current sentence structure. Bradshaw's motion, essentially a 28 U.S.C. § 2255 motion, is time-barred, not a cognizable claim, and procedurally barred. Bradshaw's Motion, ECF No. 31, is DENIED.

         FACTUAL BACKGROUND

         In 1997, Bradshaw robbed a credit union and was charged with bank robbery. During the pendency of the federal charges, Bradshaw was indicted in Lane County, Oregon for robbery charges based on a series of separate armed robberies. Bradshaw resolved the federal charges by pleading guilty, in which he received a sentence of 46 months and three years of supervised release. Resp. ¶¶ 1-2, ECF No. 32.

         In 1998, Bradshaw was transferred to state custody to face the state charges. Following a trial, Bradshaw was sentenced to 250 months in state prison, which the state court ordered to be served consecutive to his federal sentence. Bradshaw completed his federal sentence on August 23, 2000 and was released to state custody. Bradshaw will complete his state sentence on June 23, 2021. After completion of this sentence, Bradshaw will begin his three year federal post-prison supervised release and his 36-month state post-prison supervision. Resp. ¶¶ 2-3.

         LEGAL STANDARD

         28 U.S.C. § 2255 provides:

A prisoner in custody under sentence of a court established by Act of Congress claiming the right to be released upon the ground that 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 court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum authorized by law, or otherwise subject to collateral attack may move the court which imposed the sentence to vacate, set aside or correct the sentence.

         When there has been a "denial or infringement of the constitutional rights of the prisoner as to render the judgment vulnerable to collateral attack, the court shall vacate and set the judgment aside and shall discharge the prisoner or resentence him or grant a new trial or correct the sentence as may appear appropriate." Id.

         DISCUSSION

         Bradshaw seeks modification of his 46-month federal sentence to run concurrent with his 250-month state sentence. Bradshaw alleges he cannot enter into rehabilitation programs with his current sentence structure. Although Bradshaw did not title his motion as one under 28 U.S.C. § 2255, it is a collateral attack on his federal sentence and the Court treats it as a § 2255 motion. See United States v. Valdez-Pacheco, 237 F.3d 1077, 1080 (9th Cir. 2000) (explaining that a motion that can be classified as a § 2255 motion will be classified as such and captioning the motion as a common law writ will not circumvent the statute of limitations contained in § 2255).

         I. Bradshaw's Motion is Time-Barred

         Bradshaw's motion is time barred by the one-year statute of limitations contained in § 2255. § 2255(f) provides that motions are subject to a one-year period of ...


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.