Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Craft

United States District Court, M.D. Pennsylvania

May 10, 2017

UNITED STATES OF AMERICA,
v.
ERIC CRAFT, Defendant

          MEMORANDUM

          William W. Caldwell, United States District Judge

         I. Introduction

         In September 2002, the pro se defendant, Eric Craft, pled guilty to an information charging him with a violation of 18 U.S.C. § 924(j), causing the death of another by use of a gun during a drug-trafficking offense. He was sentenced to 480 months of imprisonment and five years of supervised release. We have pending before us Defendant's motion (Doc. 462) for leave of court to file a 28 U.S.C. § 2241 petition.[1]The 2241 petition is attached to the motion as Doc. 462-1.

         The petition attacks Defendant's conviction and sentence, relying on Johnson v. United States, ___ U.S. ___, 135 S.Ct. 2552, 192 L.Ed.2d 569 (2015). In Johnson, the Supreme Court struck down as unconstitutionally vague under the Fifth Amendment the residual clause in 18 U.S.C. § 924(e)(2)(B)(ii) defining a “violent felony, ” a clause used for the purpose of imposing an increased sentence under 18 U.S.C. § 924(e)(1). Id. at ___, 135 S.Ct. at 2557.

         We will grant the motion for leave to file the 2241 petition, and will treat the petition as having already been filed. We will dismiss the petition for lack of jurisdiction as Defendant had available to him a motion under 28 U.S.C. § 2255 by way of gaining the approval of the Third Circuit to file a second or successive 2255 motion.

         II. Background

         Defendant was named in an original and then in a superseding indictment.

         On September 11, 2002, he executed a written plea agreement, agreeing to plead guilty to a superseding information alleging a violation of 18 U.S.C. § 924(j), causing the death of another by use of a gun during a drug-trafficking offense. (Doc. 65, plea agreement ¶ 1).[2] In return, the government agreed to dismiss the superseding indictment. (Id.). In pertinent part, the superseding information, filed on September 11, 2002, read as follows:

On or about April 23, 2001, in Harrisburg, Dauphin County, Pennsylvania, within the Middle District of Pennsylvania, the defendant,

         ERIC CRAFT

did use a .380 caliber handgun . . . during and in relation to a drug trafficking crime for which the defendant may be prosecuted in a court of the United States, that is, the unlawful distribution of cocaine base, also known as “crack” cocaine, and conspiracy to do the same, and along with other unindicted co-conspirators did, through the use of said firearm, murder Lavelle Gamble a/k/a “Boston”.
All in violation of Title 18, United States Code, Section 924(j); Section 2.

         On September 12, 2002, Defendant pled guilty to the section 924(j) offense. At that time, he also agreed to waive indictment by a grand jury and to plead to the information. (Doc. 106, guilty-plea colloquy, p. 5). On May 8, 2003, he was sentenced to 480 months of imprisonment and five years of supervised release.

         Defendant's direct appeal was denied. United States v. Craft, 139 F.App'x 372 (3d Cir. 2005)(nonprecedential), and the Supreme Court denied certiorari, 546 U.S. 995, 126 S.Ct. 592, 163 L.Ed.2d 493 (2005). Defendant then filed a motion under 28 U.S.C. § 2255, which we denied in December 2006. United States v. Craft, 2006 WL 3831386 (M.D. Pa.). In July 2007, the Third Circuit denied a certificate of appealability. United States v. Craft, No. 07-1060 (3d Cir. July 30, 2007). Since then, Defendant has filed ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.