United States District Court, N.D. New York
STEVEN J. SANTANA, Petitioner,
D. HUDSON, UNITED STATES OF AMERICA, Respondents.
STEVEN J. SANTANA, Ray Brook, NY, Petitioner, pro se.
DECISION and ORDER
THOMAS J. MCAVOY, Senior District Judge.
Petitioner Steven J. Santana has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, and a supporting memorandum of law. Dkt. No. 1, "Motion Requesting For Relief Under Section 2241" ("Pet."); Dkt. No. 1-1, "Petitioner's Brief on the Violations of His Constitutional Rights and Due Process of Law" ("Brief"). Petitioner is confined at the Federal Correctional Institution located in Ray Brook, New York, and has paid the filing fee. For the reasons that follow, this action is transferred to the United States Court of Appeals for the Third Circuit.
II. RELEVANT BACKGROUND
On April 5, 2012, petitioner was sentenced in the United States District Court for the Eastern District of Pennsylvania to serve an aggregate term of 240 months in prison, followed by an aggregate term of eight years supervised release, for his convictions for distributing cocaine base in violation of 21 U.S.C. §841 (a)(1), (b)(1)(C), and other related charges. United States v. Santana, No. 5:10-CR-0367, Dkt. No. 340, Minute Entry; Dkt. No. 346, Judgment in a Criminal Case.
On March 26, 2013, petitioner filed his first motion to vacate his sentence pursuant to 28 U.S.C. § 2255, in which he argued that (1) the "inappropriate crack law" was applied on counts 12 and 13 of the indictment, and the "statutory maximum was exceeded on counts 24-26;" and (2) statutory provisions were not complied with during sentencing. Santana, No. 5:10-CR-0367, Dkt. No. 383, Motion Under U.S.C. §2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody, at 1-4. On April 11, 2013, petitioner filed an amended section 2255 motion raising the same grounds for relief. Id. at Dkt. No. 385. The motion was denied on June 13, 2013. Id. at Dkt. No. 401, Order, Davis, J. On September 13, 2013, petitioner attempted to amend his section 2255 motion, and on September 18, 2013, the motion was denied as moot because the court already denied his section 2255 motion. Id. at Dkt. No. 411, Motion Requesting Permission to Amend Pending 28 U.S.C. §2255; Dkt. No. 413, Order, Davis., J.
On January 27, 2014, petitioner filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 in the United States District Court for the Eastern District of Pennsylvania. Santana v. United States, No. 2:14-CV-0636, Dkt. No. 1, Petition ("Pet."). In papers dated January 30, 2014, petitioner moved to withdraw his petition because he was "waiting for a ruling to occur by [the] Supreme Court, " he was working on additional arguments to raise in his petition, and he did not want to "abuse [the] petition under section 2241." Dkt. No. 2, Motion Requesting to Withdraw Pending Petition Under Section 2241 ("Motion"). In an Order dated February 6, 2014, the district court transferred the petition to this court because petitioner is confined at the Federal Correctional Institution ("FCI") at Ray Brook, located in this district. Id. at Dkt. No. 3, Order, Davis, J.
On February 11, 2014, petitioner filed a second motion in this court to withdraw his section 2241 petition or, in the alternative, to amend it. Santana v. United States, No. 9:14-CV-0138 (DNH), Dkt. No. 5, Motion Requesting to Withdraw Pending Motion Under Section 2241 Without Prejudice or Option to Amend. In an order dated February 18, 2014, petitioner's motion to withdraw his petition was granted. Id. at Dkt. No. 6, Order, Hurd, J.
This action followed.
III. THE PETITION AND BRIEF
In his current petition, petitioner states that he has "recently discovered" that his Constitutional and Due Process rights were violated, and that he was "arrested and detained on charges that have no "lawful enacting clause and are unpromulgated in the Federal Register (FR)[.]" Pet. at 1. He claims that as a result, the indictment against him charged no crime. Id. Petitioner further asserts that he moved to amend his first section 2255 motion to include "all the new grounds" he wanted to raise, but that his motion was denied because his section 2255 motion "had already been ruled on." Id. Petitioner alleges he was not given proper notice that his section 2255 motion had been denied. Id.
Petitioner also claims that he "could not have effectively raise[d]" the claims in his petition and brief at an earlier time, his claims do not meet the necessary "gate keeping requirements, " and section 2255 is inadequate and ineffective to test the legality of his detention. Pet. at 1-2. He states that he is actually innocent, and that there is "new evidence" making it more likely than not that no reasonable juror would have convicted him. Id. at 2.
In his accompanying brief, petitioner raises the following arguments: the "United States" is a "distinct geograghical [sic] and political body" different from "the United States of America;" the United States Attorney "knowingly and intentionally" omitted the "United States" from the caption of the indictment, thereby denying petitioner the "right to proper joinder with the named injured entity for just adjudication... in violation of Due process;" the statutory provisions under which he was convicted "apply only to the Acts of Congress, which are applicable only in the District of [Columbia];" United States District Courts "are legislative Courts only" and possess "no Article III judicial power;" the statutes under which he was convicted "do not have any implementing regulations, and do not have general applicability and legal effect' to and within the sovereign States;" he is being unlawfully detained in violation of his due process rights; the indictment was defective; the district court exceeded its authority and lacked jurisdiction; the grand jury was inadequate; the "government was selective by going outside of its jurisdiction to prosecute" him; the statutory provisions under which he was convicted "are unpromulgated in the Federal Register (FR), possess no published implementing authorities in the Code of Federal Regulations (CFR)" and were never enacted ...