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.

Davison v. United States

United States District Court, D. Maryland

May 29, 2015

JESSE AARON DAVISON, Petitioner,
v.
UNITED STATES OF AMERICA, Respondent. Criminal No. MJG-10-0632

MEMORANDUM AND ORDER RE: SECTION 2255 MOTION

MARVIN J. GARBIS, District Judge.

The Court has before it Petitioner's Motion to Vacate, Set Aside, or Correct Sentence Under 28 U.S.C. § 2255 [Document 175] and the materials submitted relating thereto. The Court finds that a hearing is unnecessary.

I. BACKGROUND

On February 9, 2011, Petitioner was charged in an eight-Count Superseding Indictment [Documents 51, 61]:

• Count One - Conspiracy to Produce Child Pornography in violation of 18 U.S.C. § 2251(a);
• Counts Two through Six - Production of Child Pornography in violation of 18 U.S.C. § 2251(a), 18 U.S.C. § 2256;
• Count Seven - Possession of Child Pornography in violation of 18 U.S.C. § 2252A(a)(5)(B); and
• Count Eight - Tampering with Objects and Proceedings, in violation of 18 U.S.C. § 1512(c)(1), (2).

Petitioner was tried to the Court without a jury. On May 12, 2011, the Court announced its decision, finding Petitioner Guilty on all Counts other than Count 6. On May 18, 2011, the Court issued its Supplemental Decision on Count Six, finding Petitioner not guilty on Count Six. See [Document 109].

On July 28, 2011, the Court imposed sentences against Petitioner of life imprisonment on Counts 1 through 5, 120 months imprisonment on Count 7, and 60 months imprisonment on Count 8, all concurrent with each other and with Petitioner's state sentences. Petitioner appealed to the United States Court of Appeals for the Fourth Circuit. [Document 128]. The appellate court affirmed Petitioner's conviction and sentence. United States v. Davison, 492 F.Appx. 391 (4th Cir. 2012), cert den. 133 S.Ct. 1611 (2013).

II. GROUNDS ASSERTED

In the instant Motion, Petitioner has presented twenty-five[1] Grounds for relief that can be labelled as follows:

1. Prosecutorial "misconduct" - legal argument;

2. Court - fact findings, inadequacy of proof;

4. Court - fact findings, inadequacy of proof;

5. Court - burden of proof error;

6. Court - illegal sentence imposed;

7. Court - no retrial of Count 8;

8. Court - fact findings, inadequacy of proof;

9. Counsel - burden of proof error;

10. Counsel - argument, inadequacy of proof;

11. Counsel - fact findings, inadequacy of proof;

12. Counsel - fact findings, inadequacy of proof;

13. Counsel - burden of proof error;

14. Counsel - illegal sentence;

15. Counsel - no retrial of Count 8;

16. Counsel - fact findings, inadequacy of proof;

17. Counsel - fact findings, inadequacy of proof;

18. Counsel - defense theory, Broxmeyer decision;

19. Counsel - defense theory, inadequacy of proof;

20. Counsel - defense theory, ...


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.