United States District Court, D. Oregon
J. WILLIAMS United States Attorney, SCOTT M. KERIN Assistant
United States Attorney, Attorneys for Plaintiff
EDWARD WILLIS, JR. 66064-065 Victorville U.S. Penitentiary
Inmate Mail/ParcelsDefendant, Pro Se
OPINION AND ORDER
J. BROWN, UNITED STATES SENIOR DISTRICT JUDGE
matter comes before the Court on Defendant Sid Edward
Willis's Petition (#152) for Writ of Habeas Corpus by A
Person in Federal Custody (28 U.S.C. § 2241). For the
reasons that follow, the Court DENIES
Defendant's Petition and DECLINES to
issue a Certificate of Appealability.
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.
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
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 (#91) to Vacate or
Correct Sentence under 28 U.S.C. § 2255 in which he
alleged he received ineffective assistance from his trial
7, 2016, Defendant filed an Amended Motion (#99) to Vacate or
Correct Sentence under 28 U.S.C. § 2255 in which
Defendant again asserted he received ineffective assistance
from trial counsel, that Defendant was subjected to selective
prosecution because of his race, and that the prosecutor
violated Defendant's due-process rights when the
prosecutor failed to correct what Defendant believes was
false testimony at the suppression hearing by Portland Police
Officer Kimberley Hubbard.
9, 2017, the Court issued an Opinion and Order (#135) in
which it denied Defendant's Motions to
Vacate. The Court ...