United States District Court, S.D. California
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]
ROGER T. BENITEZ, UNITED STATES DISTRICT JUDGE.
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
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.) 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.)
parties agreed to jointly recommend Movant's sentencing
be based on the following U.S. Sentencing Guidelines Base
Offense Level, Specific Offense Characteristics, Adjustments,
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'
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.)
9, 2016, Movant filed the instant motion. (Docket No. 77.)
His filing was in the form of a letter that
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 ...