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United States v. Buie

United States District Court, E.D. Pennsylvania

May 31, 2017

UNITED STATES OF AMERICA
v.
BASIL BUIE Civil Action No. 16-6274

          MEMORANDUM

          Bartle, J.

         Before the court is the pro se petition of Basil Buie to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255.

         On 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.

         In 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.

         I.

         At the 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.

         In 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.

         On 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 the van.

         Shaheed 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 her.

         Shaheed 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.

         During 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.

         After 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.

         A few hours later, Buie used the victim's ATM card on Chester Avenue in Philadelphia to make three $200 cash withdrawals totaling $600.

         Although the victim survived this harrowing experience, she suffered severe and permanent ...


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