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United States v. McGowan

United States District Court, D. Oregon

April 24, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
PAMELA M. MCGOWAN, Defendant.

          BILLY J. WILLIAMS UNITED STATES ATTORNEY, JANE H. SHOEMAKER ASSISTANT UNITED STATES ATTORNEY ATTORNEYS FOR PLAINTIFF

          MICHELLE A. RYAN ATTORNEY FOR DEFENDANT

          OPINION AND ORDER

          ANNA J. BROWN UNITED STATES SENIOR DISTRICT JUDGE

         This matter comes before the Court on Defendant Pamela M. McGowan's Motion (#220) to Vacate, Set Aside or Correct Sentence Pursuant to 28 U.S.C. § 2255. For the reasons that follow, the Court DENIES Defendant's Motion but GRANTS Defendant a certificate of appealability.

         BACKGROUND

         On December 7, 2010, Defendant Pamela M. McGowan was charged in an Indictment with Conspiracy to Commit Armed Bank Robbery; two counts of Armed Bank Robbery in violation of 18 U.S.C. § 2113(a) and (d); and two counts of Using, Carrying, Brandishing and Discharging a Firearm During and in Relation to a Crime of Violence in violation of 18 U.S.C. § 924(c)(1)(A).

         On June 27, 2011, Defendant was charged in a Superseding Information with Conspiracy to Commit Armed Bank Robbery, two counts of Armed Bank Robbery, and one count of Using and Carrying a Firearm During and in Relation to a Crime of Violence.

         On July 7, 2011, Defendant pled guilty to the one count of Conspiracy to Commit Armed Bank Robbery; the two counts of Armed Bank Robbery; and one count of Using, Carrying, Brandishing and Discharging a Firearm During and in Relation to a Crime of Violence.

         On October 5, 2011, Senior District Judge Garr M. King held a sentencing hearing; sentenced Defendant to concurrent 60-month terms of imprisonment on the conspiracy count and the two armed robbery counts; imposed a mandatory minimum consecutive sentence of 60 months on the count of Using, Carrying, Brandishing and Discharging a Firearm; and sentenced Defendant to five years of supervised release.

         On October 5, 2011, the Court entered a Judgment. On August 22, 2012, the Court entered an Amended Judgment to adjust the restitution order. Defendant did not appeal her conviction.

         On March 5, 2012, Defendant filed a pro se Motion (#89) to Vacate or Correct Sentence.

         On October 5, 2012, defense counsel filed an Amended Motion (#132) to Vacate or Correct Sentence on the ground of ineffective assistance of counsel.

         On September 16, 2014, Senior District Judge King issued an Opinion and Order (#196) in which he denied Defendant's Amended Motion to Vacate or Correct Sentence on the merits and denied as moot Defendant's pro se Motion to Vacate or Correct Sentence.

         On October 21, 2014, Defendant filed a Notice of Appeal with the Ninth Circuit Court of Appeals.

         On April 17, 2015, the Court of Appeals dismissed Defendant's appeal and denied a ...


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