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Humphries v. United States

November 23, 2009

JOHN HUMPHRIES, PETITIONER,
v.
UNITED STATES OF AMERICA



The opinion of the court was delivered by: Terrence F. McVerry United States District Court Judge

MEMORANDUM OPINION AND ORDER OF COURT

On November 5, 2009, Petitioner, John Humphries, filed pro se the following:

* MOTION TO PROCEED IN FORMA PAUPERIS IN CORAM NOBIS PETITION (Document No. 18);

* MOTION FOR PREPARATION OF TRANSCRIPTS AT GOVERNMENT'S EXPENSE (Document No. 19); and

* MOTION OF WRIT OF CORAM NOBIS PURSUANT TO 28 USCA § 1651, with brief in support (Document Nos. 20 and 21).

Petitioner seeks an order vacating a federal conviction he received on September 20, 1996, for Conspiracy to Distribute and Possess With Intent to Distribute Oxycodone.

For the reasons that follow, the Motion to Proceed In Forma Pauperis will be granted, the Motion for Preparation of Transcripts at Government's Expense will be denied as moot, and the Motion of Writ of Coram Nobis will be denied as frivolous.

Background

On July 10, 1996, Petitioner, John Humphries ("Humphries") appeared before Judge Donald J. Lee and pled guilty to a one-count Information which charged him with Conspiracy to Distribute and Possess With Intent to Distribute Oxycodone, from on or about November 21, 1994, to on or about April 22, 1996, in violation of Title 21, United States Code, section 846.

Thereafter, a Presentence Investigation Report ("PSI") was prepared by the United States Probation Office which reflected that Humphries was subject to the Career Offender enhancements of § 4B1.1 of the United States Sentencing Guidelines.*fn1 Accordingly, the PSI reflected that Humphries had a Criminal History Category of VI, a Total Offense Level of 29, and a corresponding Guideline Range of 151 - 188 months imprisonment.

Counsel for Defendant, Thomas Livingston, Esquire, filed a Position with Respect to Sentencing Factors in which he argued, inter alia, that a downward departure was warranted because the Career Offender enhancements generated an offense level and criminal history category which significantly overstated the seriousness of Defendant's criminal history.

On September 20, 1996, Humphries appeared, with counsel, before Judge Lee for sentencing. Judge Lee granted the request for a downward departure finding that the § 4B1.1 career offender enhancements generated a sentencing range which over-represented the seriousness of Humphries' criminal history. Accordingly, Humphries was sentenced under the following sentencing guideline scheme:

* A Criminal History of III;

* A Total Offense Level of ...


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