United States District Court, E.D. Pennsylvania
Order Filed: February 18, 2014
For USA (2:06-cr-00658-AB-5), Plaintiff: ARA B. GERSHENGORN, LEAD ATTORNEY, VINEET GAURI, U.S. ATTORNEY'S OFFICE, PHILADELPHIA, PA; STEPHEN AARON MILLER, COZEN O'CONNOR, PHILADELPHIA, PA.
ANTHONY TRIMBLE (2:13-cv-00116-AB), Plaintiff, Pro se.
ANITA B. BRODY, J.
Currently before me is Anthony Trimble's pro se Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence. For the reasons set forth below, I will deny Trimble's § 2255 motion.
On April 24, 2007, a grand jury in the Eastern District of Pennsylvania returned a superseding indictment charging several individuals, including Trimble, with conspiracy to defraud the Internal Revenue Service (" IRS" ), as well as corruptly endeavoring to obstruct the administration of the tax laws. These charges stemmed from the individuals involvement in an organization known as the Commonwealth Trust Company (" CTC" ), a company that sold domestic and foreign trusts. CTC advised clients that they could escape paying federal income tax by diverting their income through CTC trusts, and instructed clients to transfer assets they already had into these trusts to protect the assets from IRS liens and seizures.
On January 2, 2008, Trimble pled guilty to one count of conspiracy to defraud the United States, in violation of 18 U.S.C. § 371, and one count of corruptly endeavoring to obstruct and impede the due administration of the Internal Revenue laws, in violation of 26 U.S.C. § 7212(a). Trimble was sentenced to 65 months of imprisonment, three years of supervised release, a fine of $1,000, a $100 special assessment, and restitution in the amount of $5,736,562.80 to be paid jointly and severally with his co-defendants.
Trimble appealed his sentence to the Third Circuit. On November 15, 2011, the Third Circuit affirmed Trimble's sentence. Trimble filed a motion for rehearing, which the Third Circuit denied on February 6, 2012.
On January 4, 2013, while incarcerated, Trimble filed his habeas corpus petition. Trimble was released from prison on September 12, 2013.
II. STANDARD OF REVIEW
Section 2255 empowers a court to " vacate, set aside or correct" a sentence that " was imposed in violation of the Constitution or laws of the United States." 28 U.S.C. § 2255(a). If a party is entitled to relief under § 2255(a), " the court shall vacate and set the judgment aside and shall discharge the prisoner or resentence him or grant a new trial or correct the sentence as may appear appropriate." Id. § 2255(b). A petitioner is entitled to an evidentiary hearing unless the motion, ...