United States District Court, E.D. Pennsylvania
the court is the pro se petition of Basil Buie to vacate, set
aside, or correct his sentence under 28 U.S.C. § 2255.
October 7, 2015, one day after the trial of Buie and his
co-conspirator Salahudin Shaheed began, Buie pleaded guilty
to: (1) conspiracy to commit robbery which interferes with
interstate commerce in violation of 18 U.S.C. § 1951;
(2) attempted robbery which interferes with interstate
commerce in violation of 18 U.S.C. §§ 1951 and 2;
and (3) kidnapping in violation of 18 U.S.C. §§
1201 and 2.
January 2016, he was sentenced to 180 months of imprisonment
on each count with the sentences to run concurrently. This
sentence fell within the United States Sentencing Guideline
range of 168 to 210 months. Buie did not file an appeal.
change of plea hearing, Buie admitted that the following
facts accurately summarize this case. In November 2014,
Shaheed began planning to rob the National Watch and Diamond
Exchange store in Philadelphia, Pennsylvania. Buie, who is
Shaheed's cousin, agreed to participate in the robbery
along with Khayree Gay.
March 2015, Buie and his co-conspirators made several trips
to the parking garage located directly across from National
Watch in order to conduct surveillance. On those occasions,
they observed the employees of National Watch to determine
which would be most likely to have knowledge of the codes to
the alarm and safe. They planned to return to that location
so that Buie and Gay could confront, assault, and restrain a
store employee in their van in the parking garage while
Shaheed robbed the store.
April 4, 2015, Buie and his co-conspirators put their plan
into action. They drove a van to the parking garage and
waited for National Watch to close for the day. After some
time, the store employee for whom they had been waiting left
National Watch and entered the parking garage. All three men
jumped out of the van to ambush her. Shaheed shot her with a
Taser and all three men violently forced her into the back of
then drove the van to the top level of the parking garage
while Gay bound her hands and legs with zip ties. Shaheed
parked the car, and the co-conspirators demanded that the
victim provide the alarm and safe codes for National Watch.
The victim was unable to provide this information. Shaheed
became enraged and punched and kicked the victim in her face
and all over her body. He told her that he was going to kill
then drove the van onto Interstate 95 South, while Buie held
the victim down in the back of the van using his body weight.
Buie sat on the victim for hours while her hands were
restrained and her legs were bound at the ankle, causing her
to suffer extreme pain.
this time, they drove the victim to a gas station. There,
they used her First Trust Bank ATM card to purchase $40 in
gasoline for the van.
refueling, they drove to the Mount Lawn Cemetery in Darby,
Pennsylvania where they dumped the victim into a ditch. Her
wrists and ankles were still bound with zip ties. While Buie,
Shaheed, and Gay were attempting to exit the cemetery, the
van became stuck in the mud. They put the van into reverse
and returned to the place where they had dumped the victim.
Buie and his co-conspirators threw her back into the van and
placed metal handcuffs onto her wrists and shackles onto her
ankles. Buie and his co-conspirators again beat and tortured
her. They then dumped her in the cemetery for a second time,
covered her with a sheet, and left.
hours later, Buie used the victim's ATM card on Chester
Avenue in Philadelphia to make three $200 cash withdrawals
the victim survived this harrowing experience, she suffered
severe and permanent ...