United States District Court, D. Oregon
J. WILLIAMS United States Attorney SCOTT M. KERIN Assistant
United States Attorney Attorneys for Plaintiff
Edward Willis Jr. U.S. Penitentiary Defendant, Pro Se
OPINION AND ORDER
J. BROWN, UNITED STATES SENIOR DISTRICT JUDGE
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
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) .
22, 2013, Defendant pled guilty at a change-of-plea hearing.
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."
December 23, 2013, the Court sentenced Defendant to a term of
180 months imprisonment followed by three years of supervised
December 24, 2013, the Court entered a Judgment.
December 26, 2013, Defendant filed an appeal of his
conviction with the Ninth Circuit.
29, 2015, the Ninth Circuit affirmed Defendant's
conviction for Felon in Possession.
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.
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