The opinion of the court was delivered by: Joe Billy McDADE United States Senior District Judge
Thursday, 16 June, 2011 02:31:07 PM
Clerk, U.S. District Court, ILCD
Before the Court is Joseph E. Beaudion's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (R.2 Doc. 1), First Motion to Amend 28 U.S.C. § 2255 (R.2 Doc. 4),*fn1 Petitioner's Motion to Supplement the Record (R.2 Doc. 5), and Respondent's Motion to Dismiss. (R.2 Doc. 6). For the following reasons, Respondent's Motion to Dismiss is GRANTED and the Petition is DISMISSED WITH PREJUDICE.
On June 30, 2007, a federal search warrant was issued to confiscate Petitioner's computer, after it was discovered that it contained child pornography.
(R.2 Doc. 6 at 1-2).Mr. Shiverdecker, of Advanced Computing, discovered the child pornography on June 25, 2007, after Petitioner had taken his computer to the store for repairs. (R.2 Doc. 1 at 43). Mr. Shiverdecker contacted the Normal Police Station after discovering the child pornography and subsequently two police officers arrived to inspect the media files. (R.2 Doc. 1 at 43). While the police officers were at Advanced Computing, Petitioner arrived and acknowledged that his computer contained child pornography. (R.2 Doc. 1 at 43). Petitioner subsequently agreed to go to the Normal Police Station to speak with officers further regarding the contents of his hard drive. (R.2 Doc. 1 at 43). During the interview, Petitioner admitted to not only possessing child pornography but also to receiving and downloading child pornography onto his computer. (R.2 Doc. 1 at 44).
On October 11, 2007, the United States Attorney's Office sent Petitioner a letter informing him that he was under investigation for receipt of child pornography, in violation of 18 U.S.C. § 2252A(a)(2). (R.2 Doc. 6 at 16). Petitioner's attorney, Mark Johnson, responded to the letter on October 16, 2007. (R.2 Doc. 6 at 17). On March 10, 2008, the government made a formal plea offer to Petitioner. (R.1 Doc. 4, R.2 Doc. 6 at 18). Petitioner accepted this agreement on May 30, 2008, during a hearing held by this Court. (R.1 Doc. 4). This plea agreement included Petitioner's waiver of indictment and his plea of guilty to an one-count Information for the possession of child pornography, in violation of 18 U.S.C. § 2251A(a)(5)(B).
(R.1 Doc. 3 & 4). On September 12, 2008, this Court sentenced Petitioner to twenty-four months imprisonment and ten years supervised release for the possession of child pornography. (R.1 Doc. 14 at 2-6).
On March 10, 2009, contrary to the terms of the written plea agreement,
Petitioner filed a collateral attack motion and a forty-seven-page memorandum in support pursuant to 28 U.S.C. § 2255. (R.2 Doc. 1). This Court ordered the Government to respond on April 29, 2009. On June 1, 2009, Petitioner filed a thirty-five-page memorandum titled "Petitioner's First Motion to Amend 28 U.S.C. § 2255"
(R.2 Doc. 4), and on June 4, 2009, he filed a forty-page memorandum titled "Petitioner's Motion to Supplement [t]he Record." (R.2 Doc. 5). On June 22, 2009, the Government responded by filing its Motion to Dismiss; on the grounds that the plea agreement was enforceable, and Petitioner had waived his right to ...