United States District Court, D. Oregon
J. WILLIAMS UNITED STATES ATTORNEY, JANE H. SHOEMAKER
ASSISTANT UNITED STATES ATTORNEY ATTORNEYS FOR PLAINTIFF
MICHELLE A. RYAN ATTORNEY FOR DEFENDANT
OPINION AND ORDER
J. BROWN UNITED STATES SENIOR DISTRICT JUDGE
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.
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. §
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.
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
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.
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.
March 5, 2012, Defendant filed a pro se Motion (#89)
to Vacate or Correct Sentence.
October 5, 2012, defense counsel filed an Amended Motion
(#132) to Vacate or Correct Sentence on the ground of
ineffective assistance of counsel.
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.
October 21, 2014, Defendant filed a Notice of Appeal with the
Ninth Circuit Court of Appeals.
April 17, 2015, the Court of Appeals dismissed
Defendant's appeal and denied a ...