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Leonard Brown v. United States

January 31, 2011

LEONARD BROWN
v.
UNITED STATES



The opinion of the court was delivered by: The Honorable Audrey B. Collins, Chief United States District Judge

CIVIL MINUTES - GENERAL

Present:

Angela Bridges Not present N/A Deputy Clerk Court Reporter / Recorder Tape No.

Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

None None

Proceedings: ORDER GRANTING MOTION FOR LEAVE TO AMEND AND DENYING AMENDED MOTION FOR RECONSIDERATION (In Chambers)

Pending before the Court is Petitioner Leonard Brown's ("Petitioner") motion for reconsideration of the Court's denial of his habeas petition. (Docket # 20.)*fn1 The Government filed an opposition and Petitioner filed a reply. (Docket ## 22, 26.) Also pending before the Court is Petitioner's motion for leave to amend his motion for reconsideration. (Docket # 23.) The Government filed an opposition. (Docket # 25.) Having considered the parties' arguments, and having reviewed the materials submitted and the record, the Court hereby GRANTS Petitioner's motion for leave to amend

DENIES Petitioner's amended motion for reconsideration.

BACKGROUND

The instant case involves Petitioner's request for habeas relief. His criminal convictions arose from two separate indictments. Petitioner was charged in 2002 in the Southern District of New York in a one-count indictment for conspiracy to distribute PCP (the "New York case"). On August 21, 2003, Petitioner was also indicted in this district for conspiracy to distribute PCP (the "California case"). Petitioner was initially represented in both the New York and California cases by attorney Frank DiGiacomo. Following several months of negotiations, the parties reached an agreement under which Petitioner would plead guilty in both cases. Petitioner signed the plea agreement on April 22, 2004.

Case # CR 03-0847, Docket #68.) On July 12, 2004, Petitioner pled guilty in both cases.

At the change of plea hearing, the Court engaged in a lengthy colloquy with Petitioner. The Court explained the charges in both cases and Petitioner asserted that he understood them. (July 12, 2004 Tr. at 6-8 (Case # CR 03-847, Docket # 245 at Ex. F).) The Court explained the possible sentences, and then inquired whether Petitioner "discussed all these consequences as well as any facts and defenses with [his] attorney." (Id. at 8-10.) Petitioner responded, "Yes, I have." (Id. at 10.) The Court continued:

Court: Mr. Brown, have you had enough time to discuss the entire matter with your attorney?

Defendant: Yes.

Court: Do you believe he's fully advised you concerning this matter?

Defendant: Yes.

Court: And are you satisfied with his performance and ...


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