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United States v. Fleming

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION
Jan 24, 2014
CRIMINAL ACTION NO. H-07-513 (S.D. Tex. Jan. 24, 2014)

Opinion

CRIMINAL ACTION NO. H-07-513

01-24-2014

UNITED STATES OF AMERICA v. RHONDA FLEMING


ORDER

Pending before the court are the following: (1) defendant Rhonda Fleming's ("Fleming") brief contesting the garnishment proceeding on Sixth Amendment grounds (the "brief"), Dkt. 870; (2) Fleming's motion for a writ of mandamus (the "writ motion"), Dkt. 892; and (3) Fleming's application for emergency injunctive relief (the "TRO application"). Dkt. 894.

First, Fleming's brief raises a collateral attack to the judgment and order of restitution, which is impermissible in a garnishment proceeding. United States v. Minneman, 38 F. App'x 321, 323 (7th Cir. 2002). Moreover, to the extent the court considers Fleming's constitutional argument, it fails on the merits because Fleming's request at sentencing was limited in scope and for hybrid representation; it was not a revocation of her previous Faretta waiver or indicative of changed circumstances. United States v. Tate, 2013 WL 3456742, at *2 (5th Cir. July 10, 2013). Second, as to the writ motion and the TRO application, the Fifth Circuit has already found that Fleming's challenges to her civil forfeiture judgment are barred by res judicata, and this court thus declines to consider the renewed forfeiture objections. Fleming v. United States, No. 13-10042, 2013 WL 4029364, at *2 (5th Cir. Aug. 7, 2013). Fleming's objections in her brief (Dkt. 870) are therefore OVERRULED, and the writ motion and TRO application (Dkts. 892, 894) are DENIED.

Signed at Houston, Texas on January 24, 2014.

__________

Gray H. Miller

United States District Judge


Summaries of

United States v. Fleming

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION
Jan 24, 2014
CRIMINAL ACTION NO. H-07-513 (S.D. Tex. Jan. 24, 2014)
Case details for

United States v. Fleming

Case Details

Full title:UNITED STATES OF AMERICA v. RHONDA FLEMING

Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

Date published: Jan 24, 2014

Citations

CRIMINAL ACTION NO. H-07-513 (S.D. Tex. Jan. 24, 2014)