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Pahutski v. United States

United States District Court, W.D. North Carolina, Charlotte Division

April 21, 2014

MICHAEL D. PAHUTSKI, Petitioner,
v.
UNITED STATES OF AMERICA, Respondent. Criminal Case No. 3:07-cr-00211-MR-1

MEMORANDUM OF DECISION AND ORDER

MARTIN REIDINGER, District Judge.

THIS MATTER is before the Court on the following motions:

(1) Petitioner's Emergency Motions for Immediate Release [Docs. 5, 11];
(2) Petitioner's Motion for Sanctions [Doc. 15];
(3) Petitioner's Motion to Strike the Response of the Government to Petitioner's 28 U.S.C. § 2255 Motion [Doc. 21];
(4) Petitioner's Emergency Motion for Release Pending Habeas Corpus Appeal [Doc. 27];
(5) Petitioner's Emergency Motion for Withdrawal of Guilty Plea [Doc. 28]; and
(6) Petitioner's Emergency Motion to Expedite Decision for Release Pending Habeas Ruling [Doc. 29].

I. BACKGROUND

Petitioner was charged by the grand jury in this district with twenty-one counts related to a mortgage fraud conspiracy. [Criminal Case No. 3:07-cr-00211, Doc. 117: Fourth Superseding Indictment (hereinafter "the Indictment")]. In particular, the Indictment charged the Petitioner with numerous violations of various statutory provisions including mail fraud, wire fraud, bank fraud, and making false statements to banks, all in violation of 18 U.S.C. § 371. Petitioner ultimately pled guilty without the benefit of a plea agreement to the twenty-one counts that were alleged against him.

Petitioner was sentenced on May 6, 2011 to a total of 228 months' imprisonment and ordered to pay $3, 563, 127.27 in restitution. [ Id., Doc. 398: Judgment in a Criminal Case]. On February 9, 2012, the Fourth Circuit Court of Appeals affirmed Petitioner's conviction and sentence in all respects. United States v. Pahutski, 464 F.Appx. 171 (4th Cir. 2012) (unpublished).

On May 15, 2012, Petitioner filed a 43-page motion to vacate pursuant to 28 U.S.C. § 2255. [Doc. 1]. He amended his § 2255 motion on September 24, 2012 with a 73-page brief. [Doc. 9]. All total, Petitioner asserts approximately 40 separate claims for relief.

The Government's Answer and Motion to Dismiss were filed on December 18, 2012. [Docs. 18, 19]. In response to the Government's filings, Petitioner filed a 66-page response to the Government's Answer and a 115-page brief in opposition to the Government's Motion to Dismiss. [Docs. 22, 25].

In addition to these voluminous filings, Petitioner has filed a flurry of pleadings, including three motions demanding his immediate release [Docs. 5, 11, 27]; objections to any request by the Government to seek an extension of time to respond to his petition [Doc. 4]; a motion seeking sanctions against the Federal Defenders of Western North Carolina [Doc. 12]; a motion to strike the Government's response in opposition to his petition [Doc. 21]; an "Emergency Judicial Notice" of facts relating to Petitioner's § 2255 [Doc. 26]; an "Emergency Motion" for withdrawal of his guilty plea [Doc. 28]; and an "Emergency Motion" to expedite a ...


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