Opinion
Criminal No. 4:09cr00039
06-13-2014
CHADRIQUEZ WILLIAMS, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
FINAL ORDER ADOPTING REPORT
AND RECOMMENDATION
By: Samuel G. Wilson
United States District Judge
Petitioner Chadriquez Williams filed this 28 U.S.C. § 2255 motion to vacate, set aside, or correct his sentence of 360 months for possession of marijuana with intent to distribute and possession of a firearm during and in relation to a drug trafficking offense. Williams asserted numerous grounds for relief, including five different ineffective assistance of counsel claims, four due process claims, a Sixth Amendment fair trial claim, and a claim under Alleyne v. United States, 133 S. Ct. 2151 (2013). By memorandum opinion and order entered on February 7, 2014, the court dismissed all of Williams' claims except two: one claiming that counsel failed to convey the government's plea offer and another claiming that counsel failed to warn that Williams could be convicted on an aiding and abetting theory if he proceeded to trial. The court referred the matter to United States Magistrate Judge Robert Ballou for a Report and Recommendation pursuant to 28 U.S.C. § 636(b)(1)(B). After conducting an evidentiary hearing at which Williams testified, Magistrate Judge Ballou filed a Report and Recommendation finding that Williams failed to establish that he received ineffective assistance of counsel in either respect. Williams has filed an objection to the Report and Recommendation, partly reiterating argument made in his earlier motion and offering nothing substantive in response to the Magistrate's findings. (ECF No. 162) Having reviewed the Report and Recommendation, Williams' objections thereto, and pertinent portions of the record de novo in accordance with § 636(b)(1), the court agrees with the Magistrate Judge's recommendations regarding the entry of judgment in favor of the government on Williams' remaining § 2255 claims. (ECF No. 161)
Accordingly, it is hereby ORDERED and ADJUDGED that the Magistrate Judge's Report and Recommendation is ADOPTED in its entirety; Williams' objections are OVERRULED; and the court DENIES Williams' § 2255 motion. The case is DISMISSED and STRICKEN from the court's active docket. Further, finding that Williams has failed to make the requisite substantial showing of the denial of a constitutional right, as required by 28 U.S.C. § 2253(c), a certificate of appealability is DENIED.
The Clerk of the Court is DIRECTED to send a certified copy of this order to Williams.
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UNITED STATES DISTRICT JUDGE