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Ramseur v. United States

United States District Court, C.D. California

June 29, 2017

JOSEPH BRANT RAMSEUR Plaintiff,
v.
UNITED STATES OF AMERICA Defendant.

          ORDER

          CHRISTINA A. SNYDER, UNITED STATES DISTRICT JUDGE

         I. INTRODUCTION AND BACKGROUND

         On October 18, 2006, defendant was convicted of three counts of bank robbery in the District of Nevada and sentenced to 94 months of imprisonment followed by five years of supervised release. On February 15, 2013, defendant commenced his initial term of supervised release. On May 16, 2013, jurisdiction over defendant's case was transferred to this district, where his case was randomly assigned to Judge Margaret M. Morrow. Cr. Dkt. 2.[1]

         In October 2013, defendant violated the conditions of his supervised release by both failing to report and using cocaine. Cr. Dkt. 66. On October 21, 2015, defendant admitted the foregoing violations. The Court revoked his supervised release and imposed a new sentence of 10 months imprisonment followed by two years of supervised release. Cr. Dkt. 54. On October 26, 2015, defendant filed an appeal of his October 21, 2015 sentence. Cr. Dkt. 59.

         On November 23, 2015, defendant filed a motion styled as a motion for reconsideration of his October 21, 2015 sentence pursuant to Federal Rule of Civil Procedure 60(b). Cr. Dkt. 63. On December 31, 2015, the Court issued an order indicating its intent to construe the defendant's motion as a motion to vacate, set aside, or correct defendant's sentence pursuant to 28 U.S.C. § 2255. Cr. Dkt. 66. In its order, the Court instructed Ramseur that unless he withdrew the motion, the Court would construe it as a § 2255 motion. Id. The order also advised Ramseur that he could modify the motion to include any other § 2255 claims he wished to assert. Id.

         On January 6, 2016, this case and defendant's motion were reassigned to Judge Christina A. Snyder. Cr. Dkt. 69. Ramseur failed to timely withdraw the instant motion or to supplement it in accordance with the Court's December 31, 2015 order.

         On April 26, 2016, the Government filed a motion to stay the briefing and resolution of defendant's § 2255 motion until the appeal before the Ninth Circuit was resolved. Cr. Dkt. 77. On July 18, 2016, the Court granted the government's motion to stay consideration of the instant motion pending resolution of the appeal. Cv. Dkt. 7. The Court's order instructed the government to advise the Court in writing within 14 days of the resolution of defendant's appeal. Id.

         On October 25, 2016, the Ninth Circuit affirmed Ramseur's sentence. United States v. Ramseur, 669 F.App'x 935 (9th Cir. 2016); Cr. Dkt. 82. The government failed to timely advise the Court in writing that defendant's appeal had been resolved. In light of the Ninth Circuit's ruling there does not appear to be any remaining basis for a stay. Accordingly, the Court hereby lifts the stay imposed on Ramseur's § 2255 motion. Neither party has filed additional briefing on the present motion; however, the Court finds this matter appropriate for resolution without further briefing.

         During November and December 2016, while this motion was pending, Ramseur's urine samples tested positive for cocaine on three separate occasions in violation of the conditions of his supervised release. Cr. Dkt. 86. On January 4, 2017, the government filed a petition to revoke Ramseur's supervised release again. Id.

         On January 9, 2017, the Court held a revocation hearing. Ramseur admitted to violating the terms of his supervised release and the Court sentenced him to the custody of the Bureau of Prisons for a term of thirty days to be followed by a two-year period of supervised release. Cr Dkt. 88. As a condition of his supervised release, Ramseur was to be placed in a residential reentry center (RRC) for up to six months or until placement in a residential drug treatment program could be secured. Id.

         On January 30, 2017, the defendant self-surrendered to the United States Marshal's Service. Cr. Dkt. 91. On February 27, 2017, defendant commenced his most recent term of supervised release and reported to the RRC as directed. Defendant subsequently absconded from the RCC.

         II. LEGAL STANDARD

         A prisoner in custody claiming the right to be released may move the court to vacate, set aside or correct his sentence if he can show “that the sentence was imposed in violation of the Constitution or laws of the United States, or that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum ...


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