United States District Court, D. Maryland
MEMORANDUM AND ORDER
J. Garbis United States District Judge.
Court has before it Petitioner's pro se Motion
for Relief of Judgment [ECF No. 434] as clarified by the
Clarification of Motion [ECF No. 436] and the materials
submitted relating thereto. The Court finds that a hearing is
1, 2009, Petitioner Elliott Brown (“Petitioner”
or “Brown”) was convicted by Judge Quarles on a
plea of guilty to one count of conspiracy to distribute and
possession with intent to distribute a controlled substance
in violation of 21 U.S.C. § 846. ECF No. 170.
29, 2010, Judge Quarles sentenced Brown. ECF No. 263. Judge
Quarles determined that Brown's Offense Level was 36 and
that his Criminal History Category was VI, yielding a
Guidelines Sentencing Range of 324 to 405 months. ECF No.
286. Judge Quarles, stating that “a sentence in the
middle of the Guidelines is sufficient but not greater than
necessary, ” imposed a sentence of 360 months.
Sentencing Tr. 27:18-20 (July 29, 2010), ECF No. 277.
Judgment was entered on July 30, 2010. ECF No. 267.
Petitioner Brown appealed and the United States Court of
Appeals for the Fourth Circuit affirmed the judgment on June
16, 2011. ECF No. 289; United States v. Brown, 435
Fed.Appx. 182 (4th Cir. 2011).
September 14, 2012, Brown filed a motion to vacate the
sentence under 28 U.S.C. § 2255 [ECF Nos. 300 &
304]. He asserted that he was denied the effective assistance
of counsel due to counsel's failure to:
1. Communicate to him an offer of a plea agreement calling
for a 188 month sentence.
2. Adequately represent him in regard to his guilty plea,
rendering the plea involuntary.
3. Adequately represent him in regard to the district
court's finding that he was a career offender.
4. Adequately represent him in regard to the district
court's finding of responsibility for 30 kilograms of
and Order at 3, ECF No. 406. On January 18, 2017, the motion
was denied. Id.
March 10, 2017, the Federal Public Defender, as counsel for
Brown, filed an “Amended Motion for Reduced Sentence
Under 18 U.S.C. § 3582(c)(2) Based on Retroactive
Application of U.S.S.G. Amendment 782.” ECF No. 418. On
June 16, 2017, the Court granted the motion and resentenced
Brown to 292 months. ECF No. 429.
October 16, 2017, Petitioner Brown, proceeding pro
se, filed the instant motion entitled “Motion for
Relief of Judgment” [ECF No. 434], and then on November
16, 2017, filed pro se the “Clarification of
Motion” [ECF No. 436] regarding the grounds on which
the motion was based. The “clarification” seeks
reduction of his sentence based upon the decision in
Lee v. United States, 137 S.Ct. 1958
(2017); stating that
if Lee, were applied, Petitioner would be able to demonstrate
that his counsel improperly advised him to plead guilty
instead of going to trial in his criminal proceedings as a
result of a variety of ...