May 17, 2013
UNITED STATES OF AMERICA
CURTIS CONNOR Civil No. JFM-12-2904
J. FREDERICK MOTZ, District Judge.
Curtis Connor has filed this action under 28 U.S.C. § 2255. He alleges that his counsel was ineffective because counsel never advised him that he was eligible for the "safety valve" provision of 18 U.S.C. § 3553(f) and Sentencing Guideline U.S.G. § 5C1.2. He contends that he was eligible for the safety valve because he was not an "organizer, leader, manager, or supervisor" of others who committed the offense to which he pled guilty.
Connor's motion will be denied. In his petition he affirmatively states that he was not an organizer, leader, manager, or supervisor. However, Connor (who is represented by extremely able counsel) did not support this statement by an affidavit. Moreover, although the Government pointed out the absence of an affidavit in its response, Connor submitted no affidavit with his reply memorandum. Therefore, as the record stands, there is no evidence that Connor was not an organizer, leader, manager, or supervisor. Therefore, there is no basis for finding that his counsel's failure to advise him that he otherwise was eligible for safety valve status was at all material.
A separate order denying Connor's motion is being entered herewith.