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Farmer v. United States

United States District Court, S.D. Illinois

August 19, 2014

FRANCHIE FARMER, Petitioner,
v.
UNITED STATES OF AMERICA, Respondent. Criminal No. 11-cr-40073-JPG-001.

MEMORANDUM AND ORDER

J. PHIL GILBERT, District Judge.

This matter comes before the Court on petitioner Franchie Farmer's motion to vacate, set aside or correct her sentence pursuant to 28 U.S.C. § 2255 (Docs. 1 & 2). On June 14, 2012, a jury found the petitioner guilty of one count of armed bank robbery in violation of 18 U.S.C. § 2113(a) and (d) and one count of brandishing a firearm during a crime of violence in violation of 18 U.S.C. § 924(c)(1)(A)(ii). On September 13, 2012, the Court sentenced the petitioner to serve 141 months in prison. The petitioner appealed her conviction to the United States Court of Appeals for the Seventh Circuit, which on May 30, 2013, affirmed the Court's judgment. See United States v. Farmer, 717 F.3d 559 (7th Cir. 2013). The petitioner did not seek a writ of certiorari from the Supreme Court.

I. § 2255 Motion

In her § 2255 motion and its supplement, the petitioner argues her counsel was constitutionally ineffective in violation of her Sixth Amendment rights because he failed to:

1. investigate and call to testify Sharon Bauers, Lana Neal and Entwain Johnson;
2. adequately review the Government's evidence with the petitioner in preparation for trial;
3. investigate juror misconduct through premsture deliberations, request alternate jurors be used and request a hearing on the matter;
4. request a change of venue in light of the gallows near the courthouse and the reputation of racism in the community in which the Court sits;
5. object to FBI Special Agent Bratcher's testifying based on his unprofessional conduct;
6. maintain attorney-client confidentiality when he discussed the case with others;
7. object to prosecutorial misconduct;
8. object to sentencing guideline offense level enhancements not supported by a jury finding, see Alleyne v. United States, 133 S.Ct. 2151 (2013);
9. object to a jury instruction that did not require the jury to find the petitioner knew in time to withdraw from the conspiracy that her coconspirator would be using a gun, see Rosemond v. United States, 134 S.Ct. 1240 (2014); and
10. object to a jury instruction allowing a conviction for aiding and abetting when the indictment did not ...

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