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Cade v. United States

United States District Court, S.D. California

April 4, 2018

NARADA TURAIL CADE, Movant,
v.
UNITED STATES OF AMERICA, Respondent.

          ORDER: (1) DENYING MOTION FOR APPOINTMENT OF COUNSEL; AND (2) DENYING MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE UNDER 28 U.S.C. § 2255 [DOCKET NOS. 61, 66]

          HON. ROGER T. BENITEZ, UNITED STATES DISTRICT JUDGE.

         Movant, Narada Turail Cade, proceeding pro se, filed a Motion for Appointment of Counsel and to Vacate, Set Aside, or Correct his Sentence pursuant to 28 U.S.C. § 2255. Respondent, the United States (“the government”), filed a response, opposing the motion. For the reasons set forth below, the Court DENIES Movant's Motions.

         BACKGROUND

         On March 28, 2013, Movant waived indictment and was charged by a criminal information with violation of 18 U.S.C. § 1951(a) and (b), Sex Trafficking of Children. (Docket Nos. 13, 14.)[1] Movant pleaded guilty to the charged offense. (Docket Nos. 23, 24.) The plea agreement included a waiver of appeal and collateral attack of his sentence, “except a post-conviction collateral attack based on a claim of ineffective assistance of counsel, unless the Court imposes a custodial sentence above the high end of the guideline range recommended by the Government pursuant to this agreement at the time of sentencing.” (Docket No. 22 at p. 10.)

         The parties agreed to jointly recommend Movant's sentencing be based on the following U.S. Sentencing Guidelines Base Offense Level, Specific Offense Characteristics, Adjustments, and Departures:

1. Base Offense Level [§ 2G1.3(a)(2)] 30
2. Use of a Computer [§ 2G1.3(b)(3)]
3. Commercial Sex Act [§ 2G1.3(b)(4)(B)]
4. Acceptance of Responsibility [§ 3E1.1] -3

(Docket No. 22 at p. 8.) At sentencing, the government complied with the plea agreement by recommending the above Guideline calculations. (Docket No. 29.) The government's Guideline calculations produced a Guideline range of 135 to 168 months' custody. (Id.) The government recommended Movant receive a sentence of 135 months' custody. (Id.)

         Movant concurred with the government's Guideline calculations, and recommended a sentence of “10 years or low end [sic].” (Docket No. 33.) The Court ultimately sentenced Movant to the low end of the Guideline range of 135 months in custody and a term of supervised release of ten years. (Docket Nos. 34, 35.)

         On May 9, 2016, Movant filed the instant motion. (Docket No. 77.) His filing was in the form of a letter that stated:[2]

I'm requesting this letter to the Court of San Diego, Ca. I'm asking for an attorney to over look my case about the Johnson Case that is now retroactive. I think that my case were clam as a violent crime. I think I'm eligible on this Johnson case that is retroactive. My crime is sex trafficking to a minor that was known as a violent crime. I'm asking for an attorney in the San Diego, CA district.

(Docket No. 61 at p. 1.) The Court construes Movant's filing as a 28 U.S.C. § 2255 motion to vacate or reduce his sentence pursuant to the Supreme Court's decision in Johnson v. United States, 135 S.Ct. 2551 ...


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