United States District Court, S.D. Illinois
BRYANT K. MAYBELL, Petitioner,
UNITED STATES OF AMERICA, Respondent.
MEMORANDUM AND ORDER
J. ROSENSTENGEL UNITED STATES DISTRICT JUDGE.
matter comes before the Court on Petitioner Bryant K.
Maybell's Amended Motion to Vacate, Set Aside, or Correct
Sentence pursuant to 28 U.S.C. § 2255 (Doc. 5). For the
reasons set forth below, the motion is denied.
and Procedural Background A. Underlying Criminal
Bryant Maybell was a part of a group who called themselves
the “JackMob” and sold crack cocaine on Jackson
Street in Carbondale, Illinois, from 2005 until early 2009.
In November 2008, three members of the group were indicted by
a federal grand jury for conspiracy to distribute crack
cocaine. United States v. Wooley, et al., SDIL Case
No. 3:08-cr-30235, Doc. 1. Four months later, the indictment
was superseded to add five more group members, including
Maybell, to the conspiracy charge. Id. at Doc. 49.
Approximately one year later, the indictment was superseded a
second time, and in addition to the conspiracy charge,
Maybell was charged with two counts of possession of crack
cocaine and one count of distribution of crack cocaine.
Id. at Doc. 218.
pleaded guilty to the possession and distribution charges on
February 17, 2010, but he elected to go to trial on the
conspiracy charge. United States v. Maybell, SDIL
Case No. 3:08-cr-30235-5, Doc. 257. On July 12, 2010, prior
to trial, Maybell was sentenced, on the possession and
distribution charges. District Judge G. Patrick Murphy
calculated a total offense level of 33 and a criminal history
category of five, which resulted in a guideline range of 210
to 262 months. Id. at Doc. 310. Judge Murphy
sentenced Maybell to 240 months' imprisonment on each
charge, with the sentences to run concurrently. Id. at
after the sentencing, the Government filed a Third
Superseding Indictment, which added two counts against a
co-defendant but did not alter the conspiracy charge against
Maybell. United States v. Maybell, SDIL Case No.
3:08-cr-30235-5, Doc. 333. On December 15, 2010, the
Government filed a Fourth Superseding Indictment that
expanded the dates of the conspiracy to January 2005 through
February 2009. Id. at Doc. 400. Each time an
indictment was filed, the Government filed an Information
pursuant to 21 U.S.C. § 851 to establish that Maybell
had two prior felony drug convictions for possession of crack
cocaine, which increased his potential prison term on each
count. Id. at Docs. 118, 240, 358,
trial on the conspiracy charge began on January 24, 2011.
United States v. Maybell, SDIL Case No.
3:08-cr-30235-5, Doc. 428. After a three day trial, the jury
convicted Maybell of conspiracy to distribute crack cocaine.
Id. at Docs. 433, 436, 438. The jury also returned a
special verdict finding beyond a reasonable doubt that
Maybell conspired to distribute 50 grams or more of crack
cocaine. Id. at Doc. 440.
to the Third Revised Presentence Investigation Report,
Maybell's relevant conduct involved 2, 898.13 grams of
crack cocaine, which resulted in a base offense level of 36.
United States v. Maybell, SDIL Case No.
3:08-cr-30235-5, Doc. 490. Two more levels were added because
Maybell possessed a firearm during the commission of the
conspiracy, which resulted in a total offense level of 38.
Id. His criminal history category was five.
Id. This resulted in a guideline range of 360 months
to life. Id. Because of his two previous drug
convictions, however, Maybell faced a statutory sentence of
life imprisonment. Id. On August 8, 2011, at just
26-years-old, Maybell was sentenced to life imprisonment,
which was to run concurrently with his previous sentences on
the possession and distribution charges. Id. at
Docs. 501, 506, 507.
appealed his conviction and sentence. United States v.
Maybell, SDIL Case No. 3:08-cr-30235-5, Doc. 508.
Attorney Hannah V. Garst was appointed to represent Maybell
on appeal. Id. at Doc. 524. Ms. Garst later sought
to withdraw under Anders v. California, 386 U.S. 738
(1967), because she considered the appeal to be frivolous.
See Id. at Doc. 554-2 (also available at United
States v. Maybell, 482 F. App'x probation, but his
probation was quickly revoked, and he was sentenced to two
years' imprisonment. Id. at Doc. 490. The second
was a 2008 conviction for possession of crack cocaine.
Id. at Docs. 240, 490. He was sentenced to 104
days' time served and 24 months' probation.
Id. at Doc. 490.App'x171, 175 (7th Cir. 2012)).
Maybell was given the opportunity to respond to Ms.
Garst's Anders brief, but declined to do so.
See Id. The Seventh Circuit determined that any
challenges Maybell could have mounted regarding the
sufficiency of the evidence, the guidelines calculations, the
imposition of an enhanced sentence, or the application of the
Fair Sentencing Act would have been frivolous. Id.
Consequently, Ms. Garst's motion to withdraw was granted,
and Maybell's appeal was dismissed. Id.
§ 2255 Petition
31, 2013, Maybell filed his pro se Motion to Vacate,
Set Aside or Correct Sentence under 28 U.S.C. § 2255
(Doc. 1). On November 21, 2013, Maybell sought to amend his
motion (Doc. 2). Maybell's request was granted, and his
amended § 2255 motion was filed on December 11, 2013
(Doc. 5). The Government filed its response on March 17, 2014
(Doc. 11). Maybell did not file a reply.
asks the Court to vacate, set aside, or correct his sentence
1) his appellate counsel rendered ineffective assistance of
counsel “by not arguing Carachuri-Rosendo v.
2) his sentence was “unconstitutionally enhanced”
under Alleyne v. United States “by judicial
factfinding of facts not found in the charging
3) “prosecutorial misconduct, malicious, vindictive
prosecution [misled] the judge to enhance ...