United States District Court, N.D. New York
PATRICK JOSEPH Petitioner, pro se
GRANT C. JAQUITH Acting United States Attorney
CHARLES E. ROBERTS, ESQ. Assistant United States Attorney
DECISION AND ORDER
GLENN T. SUDDABY, CHIEF U.S. DISTRICT JUDGE.
Patrick Joseph, presently confined at the Federal
Correctional Institution in Ray Brook, New York, seeks a writ
of habeas corpus pursuant to 28 U.S.C. § 2241. Dkt. No.
1, Petition ("Pet."); Dkt. No. 1-1, Memorandum of
Law ("P. Mem."); Dkt. No. 1-2, Exhibits. Respondent
filed a response, and petitioner filed a reply. Dkt. No. 6,
Response; Dkt. No. 7, Reply.
reasons that follow, the petition is dismissed.
The Conviction and Sentence at Issue
December 2003, in the United States District Court for the
Southern District of Florida, petitioner and others were
charged by indictment with one count of conspiracy to possess
with intent to distribute at least 500 grams of a mixture and
substance containing a detectable amount of cocaine, in
violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B),
and 846, as well as one count of attempted possession with
intent to distribute on a different date. Dkt. No. 1-2 at
24-27, Indictment; see also United States v. Joseph,
No. 0:03-CR-60278 ("Joseph"), Dkt. No. 22,
Indictment. On February 12, 2004, following a jury
trial, petitioner was found guilty of the second count of the
indictment, charging him with attempted possession with
intent to distribute at least 500 grams of cocaine. Dkt. No.
1-2 at 36, Judgment in a Criminal Case; Joseph, Dkt.
No. 91, Verdict.
advance of sentencing, the United States Probation Office
prepared a presentence investigation report
("PSR"). Dkt. No. 1-2 at 58. The PSR reflects that
petitioner's criminal history included convictions for
battery (1990), trafficking in cocaine and conspiracy to
traffic in cocaine (1990), illegal reentry of a deported
alien (1997, following his deportation after his trafficking
convictions), and battery on a police officer (1998). Dkt.
No. 1-2 at 69-74. The PSR recommended that petitioner be
sentenced as a career offender under the United States
Sentencing Guidelines, concluding that
[a]ccording to [U.S.S.G.] § 4B1.1(a), the defendant is
considered a career offender because he was at least 18 years
old at the time of the instant offense, the instant offense
is a controlled substance offense, and the defendant has at
least two prior felony convictions of a controlled substance
offense and a crime of violence. The defendant was convicted
on September 16, 1991, for trafficking in cocaine and
conspiracy to traffic in cocaine and on July 10, 2001, for
battery on a police officer. Since the statutory maximum
penalty for the instant offense is life, the offense level is
37, § 4B1.1(b).
Id. at 68-69. The PSR concluded that, based on the
total offense level and petitioner's criminal history,
the guideline imprisonment range was 360 months to life
imprisonment. Id. at 80.
March 31, 2004, through counsel, petitioner submitted
objections to the PSR, arguing, among other things, that he
should not be sentenced as a career offender. Id. at
51-53; Joseph, Dkt. No. 101 at 6-8. On April 22,
2004, the district court sentenced petitioner to 360 months
imprisonment. Dkt. No. 1-2 at 37; Joseph, Dkt. No.
110, Criminal Minutes; Dkt. No. 112 at 2, Judgment in a