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Louis Jordan v. United States

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

January 9, 2020

ADAM JOE LOUIS JORDAN, III, Petitioner,
v.
UNITED STATES OF AMERICA, Respondent.

          ORDER

          Kenneth D. Bell, United States District Judge.

         THIS MATTER is before the Court on the Petitioner's Motion to Vacate Sentence under 28 U.S.C. § 2255 [CV Doc. 1][1] and the Government's Motion to Dismiss Petitioner's Motion to Vacate [CV Doc. 12]. The Petitioner is represented by Jared Paul Martin and Joshua Carpenter of the Federal Defenders of Western North Carolina.

         I. BACKGROUND

         On February 15, 2011, Petitioner Adam Joe Louis Jordan, III (“Petitioner”) was charged in a Bill of Indictment with one count of conspiracy to commit Hobbs Act robbery in violation of 18 U.S.C. § 1951 (Count One); six counts of aiding and abetting Hobbs Act robbery in violation of 18 U.S.C. §§ 1952 and 2 (Counts Two, Four, Five, Seven, Nine, and Eleven); five counts of aiding and abetting the using, carrying, and brandishing of a firearm in furtherance of a crime of violence, that is Hobbs Act robbery as charged in Counts Two, Five, Seven, Nine, Eleven in violation of 18 U.S.C. §§ 924(c) and 2 (Counts Three, Six, Eight, Ten, Twelve); and one count of being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g) and 924(e) (Count Thirteen). [CR Doc. 1: Indictment]. Counts Two and Three of the Bill of Indictment, which are implicated in the petition before the Court, read as follows:

COUNT TWO
… On or about October 19, 2009, in Iredell County, within the Western District of North Carolina and elsewhere, the defendants [Petitioner] [and] Stephen Jaquay Heeler did knowingly and intentionally obstruct, delay and affect commerce, as that term is defined in Title 18, United States Code, Section 1951(b)(3), and the movement of articles and commodities in commerce, by robbery, in that they did unlawfully take property of the Family Dollar … of United States currency and other items, from the person and in the presence of one or more persons, against their will and by means of actual and threatened force, violence, and fear of immediate and future injury, and did aid, abet, counsel, command, induce and procure each other in the commission of said offense.
All in violation of Title 18, United States Code, Sections 1951 and 2.
COUNT THREE
On or about October 19, 2009, in Iredell County, within the Western District of North Carolina and elsewhere, the defendants [Petitioner] [and] Stephen Jaquay Heller aiding and abetting each other, during and in relation to a crime of violence, that is, interference with commerce by threats and violence, a violation of Title 18, United States Code, Section 1951, as charged in Count Two, for which they may be prosecuted in a court of the United States, did knowingly, and unlawfully use and carry one or more firearms, and, in furtherance of such crime of violence, did possess said firearms.
It is further alleged that one or more of said firearms were brandished, in violation of Title 18, United States Code, Section 924(c)(1)(A)(ii).
All in violation of Title 18, United States Code, Sections 924(c) and 2.

[CR Doc. 1 at 2-3 (emphases added)].

         Petitioner and the Government entered into a Plea Agreement, pursuant to which Petitioner agreed to plead guilty to Counts One, Three, and Thirteen of the Indictment and the Government agreed to dismiss Count Two and Counts Four through Twelve. [CR Doc. 51 at 1: Plea Agreement; CR Doc. 54 at 1: Amended Plea Agreement]. On September 14, 2011, Petitioner pleaded guilty in accordance with the Plea Agreement. [CR Doc. 55: Entry and Acceptance of Guilty Plea].

         Before Petitioner's sentencing, a probation officer prepared a Presentence Investigation Report (PSR). [CR Doc. 69: PSR]. The probation officer found Petitioner's criminal history category to be IV and his Total Offense Level to be 30. [Id. at ¶¶ 93, 106]. Petitioner's statutory term of imprisonment for Count Three was a minimum of seven years to life. 18 U.S.C. 924(c). The resultant guidelines range for imprisonment was 135 to 168 months followed by a mandatory consecutive sentence of 7 years. [Id. at ΒΆΒΆ 135-36]. Petitioner's sentencing hearing was held on March 4, 2013. The Court sentenced Petitioner to 151 months on each of Counts One and Thirteen, to be served concurrently, and a term of 84 months on Count Three, to be served consecutively to the terms imposed on Counts One and Thirteen, for a total ...


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