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UNITED STATES v. OYELADE

April 24, 1997

UNITED STATES OF AMERICA, Plaintiff,
v.
LATEEF OYELADE, Defendant.



The opinion of the court was delivered by: ALESIA

 Before the court is defendant Lateef Oyelade's motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. For the reasons that follow, the court denies Oyelade's motion.

 I. BACKGROUND

 Oyelade was indicted in a three-count indictment because of his role in a heroin importation scheme. On July 1, 1993, Oyelade plead guilty to Count I, for conspiracy to import 1,500 grams of heroin. The plea agreement mentioned nothing of a motion by the government to decrease Oyelade's sentence if he provided substantial assistance to the government in the investigation and prosecution of any co-conspirators. However, on July 7, 1993, Oyelade and the government entered into an agreement that stated:

 
Should the government charge individuals about whom Mr. Oyelade provided information and with whom he conspired to import the 1,500 grams of heroin seized in 93 CR 62, before the expiration of one year after the date the defendant is sentenced in this matter:
 
1. the defendant agrees he will provide full, truthful, and complete cooperation to the federal, state, and local authorities investigating that conspiracy, those individuals, and any related crimes and further agrees to provide truthful testimony before any grand jury and any United States District Court proceeding if requested to do so by the government; and
 
2. the government will move the Court pursuant to FED. R. CRIM. P. 35(b) to reduce the defendant's sentence for the narcotics conspiracy charged in case number 93 CR 62 by no more than 50 percent.

 (Def.'s Mot. Pursuant to 28 U.S.C. § 2255 Ex. 2 at 1.)

 Oyelade was sentenced to 120 months' imprisonment on September 30, 1993. In February 1994, Oyelade began to write letters to the Assistant United States Attorney (AUSA) who prosecuted him regarding the arrest of Adeniyi Beckley, allegedly one of Oyelade's co-conspirators. The AUSA was unable to find a person named Adeniyi Beckley in the Bureau of Prisons. However, the AUSA recently discovered that Adeniyi Beckley was arrested in December 1993 and prosecuted in the United States District Court for the Southern District of New York.

 According to the AUSA, another AUSA in the Southern District of New York told her that in July 1993, customs agents made a random stop of a person named Karen Erickson as she deplaned an international flight that had arrived in New York. The agents found that Erickson was transporting five kilograms of heroin. Erickson cooperated with the agents and made a controlled delivery of the heroin to three Nigerian men, two of whom immediately were arrested. The third, Beckley, fled, and a warrant was issued for his arrest.

 The Southern District of New York AUSA and customs agents later learned that Beckley was in Chicago and was a target of a state-authorized wire-tap investigation, which was unrelated to Oyelade's involvement with Beckley. The New York customs agents and Chicago police arrested Beckley in December 1993 in Chicago, and removed Beckley to the Southern District of New York to stand trial for his role in the July 1993 heroin importation conspiracy with Erickson and the two other Nigerian men. Beckley was convicted in the Southern District of New York in January 1995, and in July 1995 was sentenced to 151 months' imprisonment.

 According to the New York AUSA, Oyelade had nothing to do with the conspiracy involving or the identification, investigation, location, arrest, or prosecution of Beckley in the Southern District of New York.

 II. DISCUSSION

 Oyelade contends that because Beckley, one of his alleged co-conspirators, was arrested, indicted, prosecuted, and convicted, the government was obligated to move for a reduction in Oyelade's sentence according to the July 7, 1993, agreement. Because the government has refused to do so, Oyelade wants the court to order the ...


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