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Hudson v. United States

July 21, 2009

JOHNNIE HUDSON, PETITIONER,
v.
UNITED STATES OF AMERICA, RESPONDENT.



The opinion of the court was delivered by: Jeanne E. Scott United States District Judge

OPINION

JEANNE E. SCOTT, U.S. District Judge

This matter comes before the Court on Petitioner Johnnie Hudson's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence By a Person in Federal Custody (d/e 1). For the reasons set forth below, the Motion is DENIED.

STATEMENT OF FACTS

On April 7, 2007, Hudson was charged with two counts of distributing more than five grams of cocaine base ("crack") within 1000 feet of a school, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B). Indictment (d/e 2). On April 18, 2008, the United States Magistrate Judge conducted a hearing and entered a Report and Recommendation for the entry of an open plea of guilty to the charges. Government's Opposition to Petitioner's § 2255 Motion (d/e 4), Exhibit 1, Transcript of Proceedings on January 8, 2008, in U.S. v. Hudson, Case No. 07-30027 (Transcript), at 2. At the plea hearing, Hudson was placed under oath, and Judge Cudmore conducted the colloquy to determine whether Hudson's plea was knowing and voluntary. Fed. R. Crim. P. 11. During the colloquy, Hudson stated that he was satisfied with the representation he received by his counsel, he understood the nature of the charges against him, he understood the possible penalties, he understood and waived his rights, he was pleading voluntarily, and no one threatened him or made any promises to induce him to plead guilty. Transcript, at 6-16, 22-24. The Government then presented the factual basis for the plea, showing that on February 14, 2006, and March 16, 2006, Hudson distributed crack cocaine within 1000 feet of a school in Springfield, Illinois. The Government recited that a confidential informant recorded the February 14, 2006, transaction with a hidden audio recorder and a hidden video camera. Transcript, at 24-26. Hudson admitted that he distributed crack cocaine as set forth by the Government. Transcript, at 27-28. Hudson then pleaded guilty to the charges. Transcript, at 29.

This Court accepted the plea and found Hudson guilty of the charges.

Case No. 07-30027 Text Order entered February 11, 2008. On April 14, 2008, the Court sentenced Hudson to 96 months on Counts 1 and 2, to run concurrently. Judgment (d/e 2), at 2. Hudson did not appeal.

ANALYSIS

Hudson now seeks relief under § 2255. He makes the following assertions in his Motion:

My lawyer gave me ineffective counsel and at the time I was not educated on the grounds of the charges. . . . .

GROUND ONE: ineffective counsel . . .

My lawyer did not make me aware of a plea deal. He also said it was in my best interest not to file for any appeal, also he did not argue while 17 my criminal history should be mitigated by the impetuousness and recklessness of youth, last of all he made me believe I had no choice but to plead guilty and take the judgment ordered because the Judge would be harsh on me and "the only way to get a plea deal would be to tell on somebody" (lawyer) said this to me. Booker Variance Super acceptance of responsibility. . . . .

My lawyer said it would be in my best interest not to appeal; saying I would get more time.

Motion, at 5 (misspellings corrected). Hudson provided no other material or ...


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