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United States v. Willis

United States District Court, D. Oregon

July 27, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
SID EDWARD WILLIS, JR., Defendant.

          BILLY J. WILLIAMS United States Attorney SCOTT M. KERIN Assistant United States Attorney Attorneys for Plaintiff

          Sid Edward Willis Jr. U.S. Penitentiary Defendant, Pro Se

          OPINION AND ORDER

          ANNA J. BROWN, UNITED STATES SENIOR DISTRICT JUDGE

         This matter comes before the Court on Defendant Sid Edward Willis's Petition (#144) for Writ of Habeas Corpus by A Person in Federal Custody (28 U.S.C. § 2241) (28 U.S.C. § 2255). For the reasons that follow, the Court DENIES Defendant's Petition and DECLINES to issue a certificate of appealability.

         BACKGROUND

         On June 5, 2012, Defendant was charged in an Indictment with one count of Felon in Possession of a Firearm in violation of 18 U.S.C. § 922(g) (1) .

         On July 22, 2013, Defendant pled guilty at a change-of-plea hearing.

         In his Plea Agreement Defendant agreed he "waive[d] the right to file any collateral attack, including a motion under 28 U.S.C. § 2255, challenging any aspect of the conviction or sentence on any grounds, except on grounds of ineffective assistance of counsel." At the change-of-plea hearing the Court explained to Defendant that he was waiving his right to collaterally attack his sentence on any ground other than ineffective assistance of counsel. Defendant stated he understood, and he also agreed he "freely and voluntarily accept[ed] the terms and conditions of th[e] plea offer." The Court was "satisfied [Defendant is] fully competent . . . and he is making a knowing, intelligent, and voluntary waiver of [his] rights."

         On December 23, 2013, the Court sentenced Defendant to a term of 180 months imprisonment followed by three years of supervised release.

         On December 24, 2013, the Court entered a Judgment.

         On December 26, 2013, Defendant filed an appeal of his conviction with the Ninth Circuit.

         On July 29, 2015, the Ninth Circuit affirmed Defendant's conviction for Felon in Possession.

         On March 14, 2016, Defendant filed a Motion to Vacate or Correct Sentence under 28 U.S.C. § 2255 in which he alleged he received ineffective assistance from his trial counsel.

         On June 7, 2016, Defendant filed an Amended Motion (#99) to Vacate or Correct Sentence under 28 U.S.C. § 2255 (#in which he again asserted he received ineffective assistance from trial counsel, that he was subjected to selective prosecution because of his race, and that the prosecutor violated Defendant's due-process rights when he failed to correct what ...


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