United States District Court, S.D. Illinois
CARLTON L. CHANEY Petitioner,
JAMES CROSS, JR., Respondent.
MEMORANDUM AND ORDER
Herndon, United States District Judge
matter is now before the Court on Carlton L. Chaney's
petition for writ of habeas corpus under 28 U.S.C. §
2241. (Doc. 1).
1997, separate juries convicted Mr. Chaney (Petitioner) of
armed robbery, carjacking, two counts of using a firearm
while committing a crime of violence, and possessing a
firearm as a felon. Chaney v. United States, 101
Fed.Appx. 160, 162 (7th Cir. 2004). He received a
sentence of 430 months: “concurrent terms of 130 months
for armed bank robbery, 130 months for carjacking, and 120
months for possession of a firearm by a felon, plus
consecutive terms of 60 months and 240 months for using a
firearm during the bank robbery and carjacking.”
attacks his conviction for use of a firearm during a crime of
violence, in violation of 18 U.S.C. § 924(c), as it
relates to the armed robbery. He argues he is entitled to
habeas relief pursuant to Rosemond v. United States,
134 S.Ct. 1240 (2014).
Facts and Procedural History
preliminary review of the petition, this Court summarized the
facts of Petitioner's case as follows:
On April 18, 1997, at approximately 9:20 A.M., three masked
African-American males robbed the NBD Bank in Indianapolis,
Indiana. One robber stood in the lobby area, waived a gun,
and told everyone in the bank to keep their hands up. The
other two robbers rushed behind the teller area, and one of
those two pointed a gun at a teller and dumped cash from the
drawers into a pillowcase. The robbers then ran out of the
bank, jumped into a dark blue Cadillac that had been stolen
earlier that day, and sped away.
Two civilians witnessed the bank robbery and earnestly gave
chase. The first, James Nulf, was the husband of one of the
bank employees. He followed the robbers until they stopped on
Inland Drive and watched as the robbers stood outside the
Cadillac and talked to each other. Nulf then saw one of the
robbers walk east on Inland Drive, while the other two drove
away in the Cadillac. The second witness, Donna Dauby, was
driving by the bank when she saw the robbers leave the bank
and speed off. Like Nulf, she also followed the robbers to
Inland Drive. As she drove towards the Cadillac, a Chevrolet
Suburban drove toward her, veered around the Cadillac, and
sideswiped the driver's side of Dauby's vehicle. The
Suburban then careened off of Dauby's vehicle and crashed
into a nearby house.
By the time police arrived at the scene, the Suburban was
abandoned, but police did find a black mask in the vehicle,
along with $16, 890 stuffed in a pink and white pillowcase,
an Indiana identification card for “Jesse James”
with Carlton Chaney's picture, and various car repair
documents (some bearing the name “Troy Smith”).
Six fingerprints, later identified as Chaney's, were on
the inside of the Suburban. As for the stolen Cadillac, it
was recovered in a nearby apartment complex: its rear window
was broken and covered with duct tape, and the ends of the
duct tape matched the end of a roll found in the Suburban.
At 9:30 A.M. on the same day, an unmasked African-American
male entered the home of Mary and William Howe, threatened
them with a gun, and demanded the keys to their car. The
Howe's residence was located one street away from the
abandoned Suburban. The robber took the Howe's car and
drove off. While Mr. Howe could not identify the assailant,
Mrs. Howe ultimately identified Chaney as the man who entered
the Howes' home.
Police arrested Chaney on May 2, 1997, as he left an
apartment that he had leased in the name of Michael Troy
Smith. During the arrest, Chaney fled from the police in his
car, pointed his gun at officers when he was stopped, and
then fled again. He was ultimately captured when he lost
control of his vehicle. When arrested, Chaney was carrying an
Indiana driver's license in the name of Troy Smith (with
his picture on it), and police found a handgun on the floor
of his vehicle. Chaney was charged with bank robbery,
carjacking, using and carrying a firearm in relation to a
bank robbery, using and carrying a firearm in relation to
carjacking, and two counts of unlawful possession of a
firearm by a felon.
Chaney v. Cross, 2015 WL 1228918, at *1-2 (S.D. Ill.
Mar. 16, 2015) (internal citations omitted) (Doc. 3).
trial, Petitioner's jury received an aiding and abetting
instruction, which provided a person is guilty of a crime if
he “knowingly aids, abets, counsels, commands, induces
or procures the commission of a crime.” (Doc. 1, p.
28). The instruction further explained, “However, that
person must knowingly associate himself with the criminal
venture, participate in it, and try to make it
succeed.” Id. The jury returned a general
verdict form, convicting Petitioner of all counts.
Chaney, at *2.
appealed his conviction and the Seventh Circuit rejected the
challenge, citing the “overwhelming” evidence
Chaney's identification and fingerprints were found in a
car containing the pillowcase full of cash from the bank
robbery and a mask identified by a teller as the one worn by
the leader of the robbers. The car contained repair records
under Chaney's “Troy Smith” alias, suggesting
that it was Chaney's car. Mrs. Howe identified Chaney as
the man who took the Howes' car at gunpoint. When the
police later attempted to arrest Chaney, he fled from them
and threatened them with a gun. Witnesses testified that
Chaney's gun was similar to the one used in the bank
robbery and the carjacking.
United States. v. Chaney,
165 F.3d 33, at *4 (7th
Cir. Oct. 23, 1998). Petitioner then unsuccessfully
sought relief via two § 2255 motions and several §
2241 petitions. See, e.g., Chaney v. Cross,
2014 WL 1041036, at *1 (S.D.Ill. Mar. 18, 2014); Chaney
v. United States, 2008 WL 818565, at *1 (S.D.Ill. Mar.
21, 2008); Chaney v. O'Brien, 2007 WL 1189641,
at *1 (W.D.Va. Apr. ...